Possibility of Summons

[Mollie]

I very stupidly gave my wrong station of origin when asked,

 

[30907]

i am worried sick that stating a shorter journey. I have apologised recognised that i am in breach of Byelaw 18 it will never happen again, which it won't. However the accompanying leaflet says that "knowingly claiming a short journey- prosecution is unavoidable". Any advice would be very gratefully received- i am at my wits end with only myself to blame. A court appearance could have life changing affects on me.

If the Train Company is prosecuting under Byelaw 18, then it is not a recordable offence, so once you have paid any fine the matter is closed and nothing will show up on a DBS check.
If there are other things you need to query with the forum, it might help to know which train company is involved and (if you don't think it will incriminate you) which stations.

 

[Mollie]

Concerned about posting details on this - so have removed. thanks for the advice

 

[some bloke]

it is not a recordable offence, so once you have paid any fine the matter is closed and nothing will show up on a DBS check.

With a byelaw conviction, *usually* nothing should show up on a DBS check.

There is no reason in the Rehabilitation of Offenders Act to suppose that a byelaw conviction is exempt from the "rehabilitation period" during which you are required to disclose it, when asked for employment or insurance purposes - see this thread:

https://www.railforums.co.uk/thread...-a-letter-from-tfl.173719/page-6#post-3964553

and from the last part of this post onwards:

https://www.railforums.co.uk/threads/unpaid-fare.178432/page-3#post-3968098

For a person aged 18 or above at the time of conviction, where the sentence is a fine, the period is a year.

The Rehabilitation of Offenders Act 1974 as amended with effect from 2014 does not say that "non-recordable" offences (ie those not on the Police National "Computer") are exempt.

 

[Fawkes Cat]

To everyone giving advice - please note that the OP's career path needs an enhanced DBS:

A court appearance could have severe implications for my career for which i need an enhanced DBS.

To the OP: obviously, it depends on your career, but for a number of jobs, the question isn't whether you can show a completely unblemished record, but whether an enhanced DBS shows a pattern of unsuitable behaviour. One mistake does not make a pattern.

Given what you have told us, it would seem that a prosecution is more likely than not. So in this post I assume that the worst happens and you are convicted and punished.

The punishment will be a fine, plus the train fare you didn't pay, plus various costs. The train fare and costs you have no control over, but the fine is a proportion of your weekly income. The court won't know how much your income is, so be prepared to tell them with evidence - bank statements, payslips and so on. If you don't, there's a standard income that is assumed - someone should be along soon to say how much.

You should also tell your employer / university (as appropriate) - you may well be required to do this anyhow by the rules you signed up to when you started, and you don't want to make matters worse by not being open: if your employer/university only find out by rerunning your enhanced DBS, they will feel that as well as making the initial mistake, there is a pattern of bad judgement in making the mistake and then not owning up to it. Put more bluntly, you will have lied to them by omission, and organisations don't like liars - they can't be trusted.

If you have a student union / trade union / professional body, it might be worth talking to them in confidence before talking to your organisation: you may well not be the first person in this position, and they may be able to tell you what will happen.

Don't panic: this may not be the end of the world!

 

[Elwyn]

I had DBS clearance for many years and was also involved in some aspects of the process. One of the things it’s trying to assess is whether you are honest and trustworthy. With convictions, then obviously they may show that on occasion someone isn’t entirely trustworthy. But what is much worse is withholding or lying about a conviction that should have been declared. (Most DBS forms I have seen make it clear that you have to declare pretty well everything no matter where or when it occurred, regardless of any relevant rehabilitation legislation. I think the only exceptions were some very minor traffic offences).

If it later emerges that you withheld or were dishonest about a conviction, then that becomes much more important than the conviction itself. Not only can that lead to the DBS being cancelled, but to disciplinary action and potentially being sacked for gross misconduct.

My advice to anyone filling in a DBS form is to be completely honest. A very minor byelaw conviction may well be disregarded. Lying about it will not.

 

[some bloke]

the OP's career path needs an enhanced DPS:

I'm sorry - I missed that.

It's important to make sure that any notification to your employer includes a written version, and to keep evidence that you have notified them.

I now have a letter to say that they see no reason why the matter should not proceed as previously advised. ...I have apologised recognised that i am in breach of Byelaw 18 ...leaflet says that "knowingly claiming a short journey- prosecution is unavoidable".

Could you please say exactly what the correspondence says about how the matter may proceed - for which offence and under which law?
Does it mention more than one possibility?

In some jobs perhaps there are other considerations. This refers to informing the employer about any "charge":

If you are a registered Nurse or Midwife, your NMC code (section 23.2) places an obligation on you to inform your employer about “any caution or charge against you, or if you have received a conditional discharge in relation to, or have been found guilty of, a criminal offence (other than a protected caution or conviction)”.

https://www.rcn.org.uk/get-help/rcn-advice/police-cautions-convictions-and-criminal-procedures

The Unlock helpline may be useful:
http://hub.unlock.org.uk/contact/

and this:
http://hub.unlock.org.uk/knowledgebase/receiving-a-criminal-record-whilst-you-are-employed/

 

[js1000]

Don't panic: this may not be the end of the world!

It's not.

It appears as if they have 'short fared' (intentionally or not is another question) but I'm not wholly convinced the TOC will automatically proceed to a prosecution. I have come across multiple cases of suspected short facing whereby the train company have come to an out of court settlement on the basis it is their first offence. However I do understand the "hope for the best, prepare for the worst" and that this could end up in the magistrates is entirely logical.

Normally a well-worded letter expressing contrition and that you have learnt your lesson can create an opportunity to come to an out of court settlement. I don't know if the OP has gone down this route as this would be preferable to you - and potentially the train company as taking individuals to court isn't as financially lucrative or any further deterrent than the investigation process followed as people generally believe.

The train company would get their money through an out of court settlement (the fine money is pocketed by the judicial service) and passengers who have been caught realise that travelling without a ticket can in fact have serious consequences - you only have to read dozens of threads on here to realise that. However, if they are caught again they won't be so lenient.

 

[Fare-Cop]

I very stupidly gave my wrong station of origin when asked,

↑[/URL]
i am worried sick that stating a shorter journey. I have apologised recognised that i am in breach of Byelaw 18 it will never happen again, which it won't. However the accompanying leaflet says that "knowingly claiming a short journey- prosecution is unavoidable". Any advice would be very gratefully received- i am at my wits end with only myself to blame. A court appearance could have life changing affects on me.

From these two snippets of previously edited posts, it is clear that this is not likely to be summonsed as simply an allegation of a Byelaw 18.1 offence.

Offering or paying a 'short fare' is normally pursued as an offence contrary to Section 5(3)(a) of the Regulation of Railways Act '[1889], which, if convicted is a recordable matter.

I believe that those of us who have been involved in this line of work for many years will be well aware of which train operating company this is likely to be from the wording of the leaflet provided to the OP.

Mollie, if your employment requires an enhanced DBS check and if this is a first offence, I strongly suggest that you write directly to the prosecutor's office advising them of that fact, apologise to the Train Operating Company and their staff for your actions, give a firm undertaking that there will be no repeat of such an incident and ask if you may be allowed to pay the full fare avoided along with all of the reasonably incurred costs in dealing with this matter. in order to maintain your good name.

Expressing remorse and explaining that any prosecution is likely to have a disproportionate effect on your continued employment may be looked upon favourably. If they agree you will need to pay the whole sum promptly.

If this approach is not successful then you should seek the assistance of a qualified criminal defence lawyer. A search of the internet will reveal some who specialise on rail fare evasion matters, but any competent criminal defence lawyer in your area should be able to help you.

 

[Mollie]

From these two snippets of previously edited posts, it is clear that this is not likely to be summonsed as simply an allegation of a Byelaw 18.1 offence.

Offering or paying a 'short fare' is normally pursued as an offence contrary to Section 5(3)(a) of the Regulation of Railways Act '[1889], which, if convicted is a recordable matter.

I believe that those of us who have been involved in this line of work for many years will be well aware of which train operating company this is likely to be from the wording of the leaflet provided to the OP.

Mollie, if your employment requires an enhanced DBS check and if this is a first offence, I strongly suggest that you write directly to the prosecutor's office advising them of that fact, apologise to the Train Operating Company and their staff for your actions, give a firm undertaking that there will be no repeat of such an incident and ask if you may be allowed to pay the full fare avoided along with all of the reasonably incurred costs in dealing with this matter. in order to maintain your good name.

Expressing remorse and explaining that any prosecution is likely to have a disproportionate effect on your continued employment may be looked upon favourably. If they agree you will need to pay the whole sum promptly.

If this approach is not successful then you should seek the assistance of a qualified criminal defence lawyer. A search of the internet will reveal some who specialise on rail fare evasion matters, but any competent criminal defence lawyer in your area should be able to help you.

Thank you so much for all your replies and advice. in view of the fact that it will have an unbelievably disproportionate effect on my continued future employment if I am prosecuted and get a criminal record for what was a stupid error of judgement- i have got in touch with a specialist solicitor dealing with fare evasion cases.I had no idea of the penalties- although I could tell you them now in my sleep alas. He is preparing the second letter which I have a 14 day window to return to TIL.He says not to worry but I cannot stop worrying, all I have worked for years of training could now be thrown down the drain for one moment of ill judgement. It is a first offence I will never do it again. TIL letters appear so non negotiable- I am just going to have to hope and pray I can get an out of court settlement. Any other info very welcome.

 

[najaB]

He says not to worry but I cannot stop worrying, all I have worked for years of training could now be thrown down the drain for one moment of ill judgement. It is a first offence I will never do it again. TIL letters appear so non negotiable- I am just going to have to hope and pray I can get an out of court settlement.

Don't panic is the main advice anyone can give. The letters from TIL always have an ominous tone, but they are known to agree to settlements.

 

[Mollie]

Update...T.I.L offered me an out of court settlement ,which I could not pay quick enough and the matter is now closed.Unbelievably relieved,I so rarely travel on trains mainly due to the nightmarish shifts I work but I will never make this mistake again and will actively countenance any one thinking it is a good idea ...not do so .The worry and possible consequences are dreadful.Thanks for all the help given on this forum.You do a great job.

 

[Fawkes Cat]

Thanks for letting us know: it's really good news that you have had such a positive outcome.

 

[Katy Cheung]

Hi Mollie - if by any chance you do read this thread again, I would appreciate some advice on who you used to help. I've sent you a private message. Thanks