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Caught travelling with 60+ oyster. Criminal record?

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cuccir

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I'm just thinking about dates here... if you're 19, I presume you're in the second year of university. Therefore, you would likely be applying for graduate schemes in 12 months time: most schemes close in November and December (the absolute earliest I'm aware of is the Civil Service fast-track on 28th October).

If you're found guilty, the offence would be 'unspent' for 12 months from the date of conviction. That means that 12 months after conviction, you wouldn't have to declare it.

Depending on your post-graduation plans, you might want to consider if it is important, to try and get this through as quickly as possible, in which pleading guilty to the SJPN might be worthwhile. If you ask for a court date, I'd be surprised if you got one until late November or early December at the absolute earliest - but possibly, you'd get a date in January or beyond. By contrast, a guilty plea to the SJPN could be processed within a couple of weeks and therefore is something you wouldn't need to declare for at least some of the later deadlines next year.

What I'd do is look at this year's dates for any schemes you're interested in. If they have deadlines in late November or in December, you may want to think about not going to court.

The downside of course is that this would guarantee a guilty conviction, with the fine as propsoed; it removes any opportunity to seek mitigation in court or to negotiate a settlement on the day.
 
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WesternLancer

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I'm just thinking about dates here... if you're 19, I presume you're in the second year of university. Therefore, you would likely be applying for graduate schemes in 12 months time: most schemes close in November and December (the absolute earliest I'm aware of is the Civil Service fast-track on 28th October).

If you're found guilty, the offence would be 'unspent' for 12 months from the date of conviction. That means that 12 months after conviction, you wouldn't have to declare it.

Depending on your post-graduation plans, you might want to consider if it is important, to try and get this through as quickly as possible, in which pleading guilty to the SJPN might be worthwhile. If you ask for a court date, I'd be surprised if you got one until late November or early December at the absolute earliest - but possibly, you'd get a date in January or beyond. By contrast, a guilty plea to the SJPN could be processed within a couple of weeks and therefore is something you wouldn't need to declare for at least some of the later deadlines next year.

What I'd do is look at this year's dates for any schemes you're interested in. If they have deadlines in late November or in December, you may want to think about not going to court.

The downside of course is that this would guarantee a guilty conviction, with the fine as propsoed; it removes any opportunity to seek mitigation in court or to negotiate a settlement on the day.
Actually OP says doing A levels in 1st post - just noticed it.
 

cuccir

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Ah, well-spotted. In that case ignore my advice with regards to dates!
 

Tetchytyke

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Do you recommend seeking advice from citizens advise bureau?

In this case, probably not. CAB can't advise on criminal matters.

The difference between going to court and not is if you have mitigation you want the court to consider. If not, they'll assess on the financial information on the Court reply form (if you don't give financial information they'll assessyou using a standard income rate). An early guilty plea will give a discount on the fine.
 

Islineclear3_1

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Quote from above link: "It sets out that the maximum sentence discount of one-third is available only if the offender pleads guilty at the first court hearing. Offenders who tender guilty pleas after the first hearing are entitled to maximum sentence discount of one-quarter which will reduce on a sliding scale to a maximum of one-tenth if tendered on the first day of trial"

Bold is my emphasis
 

Fare-Cop

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From reading through this thread it appears that you could have been charged with the more serious matter of 'intent to avoid a fare', but you were not. Given that an SJP Notice has been issued and from the wording you have noted, it seems that you are only being charged with the lesser, Byelaw offence of 'travelling without a valid ticket'.

That being the case pleading guilty will not result in a criminal offence being recorded on a standard check of DBS

For what its' worth, if it were me I would plead guilty and pay the £225 as soon as possible.
 

najaB

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Given that an SJP Notice has been issued and from the wording you have noted, it seems that you are only being charged with the lesser, Byelaw offence of 'travelling without a valid ticket'.
Even less serious than that - entering a CTA without a ticket. So there's not even an accusation of travel without a ticket.
 

Enko

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17 Jul 2019
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I'm just thinking about dates here... if you're 19, I presume you're in the second year of university. Therefore, you would likely be applying for graduate schemes in 12 months time: most schemes close in November and December (the absolute earliest I'm aware of is the Civil Service fast-track on 28th October).

If you're found guilty, the offence would be 'unspent' for 12 months from the date of conviction. That means that 12 months after conviction, you wouldn't have to declare it.

Depending on your post-graduation plans, you might want to consider if it is important, to try and get this through as quickly as possible, in which pleading guilty to the SJPN might be worthwhile. If you ask for a court date, I'd be surprised if you got one until late November or early December at the absolute earliest - but possibly, you'd get a date in January or beyond. By contrast, a guilty plea to the SJPN could be processed within a couple of weeks and therefore is something you wouldn't need to declare for at least some of the later deadlines next year.

What I'd do is look at this year's dates for any schemes you're interested in. If they have deadlines in late November or in December, you may want to think about not going to court.

The downside of course is that this would guarantee a guilty conviction, with the fine as propsoed; it removes any opportunity to seek mitigation in court or to negotiate a settlement on the day.

Yes I am a year 2 level student(Relatively uncommon for my age, but its a long story and no, i havent retook them) but still appreciate your advise nevertheless
 

Enko

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From reading through this thread it appears that you could have been charged with the more serious matter of 'intent to avoid a fare', but you were not. Given that an SJP Notice has been issued and from the wording you have noted, it seems that you are only being charged with the lesser, Byelaw offence of 'travelling without a valid ticket'.

That being the case pleading guilty will not result in a criminal offence being recorded on a standard check of DBS

For what its' worth, if it were me I would plead guilty and pay the £225 as soon as possible.

To be more specific, it says "That you on ??????, did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws Made under paragraph 26 of schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Yranspoet Act 1962"

I didnt include the Byelaw part since i found the "contrary to" mention quite misleading and assumed that i wasnt charged under byelaws

Is this the thing that were you referring or there is difference? If so, thank you for the good news, i feel really relieved rn
 

najaB

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I didnt include the Byelaw part since i found the "contrary to" mention quite misleading and assumed that i wasnt charged under byelaws
It means both sets of legislation. And yes, it is the least serious charge that they could have brought.
 

30907

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It means both sets of legislation. And yes, it is the least serious charge that they could have brought.
ISTR another case on the Forum where TfL have gone for the lesser charge with a "first offence." Straightforward to prove, and hopefully enough of a deterrent.

I didnt include the Byelaw part since i found the "contrary to" mention quite misleading and assumed that i wasnt charged under byelaws
There shouldn't have been a full stop after ticket! It was your action that was contrary to the Byelaw.
 

jumble

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The Fare Dodging Wars program on Channel 5 at the moment had a TFL rep stating that TFL were no longer minded to offer out of court settlements.
I think the OP has been very lucky with TFL's leniency as he/she has quite clearly been dishonest
 

Enthusiast

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If they chose to prosecute you they can either send you (1) a 'Single Justice Procedure Notice' (SJPN) which is, in normal language, a letter where you pick guilty or not guilty; or (2) a Summons for court.

Very few areas (in fact none that I know of) use the SJ procedure to prosecute Rail Fare evasion. If court action is to be taken you will more likely receive a "Postal Requisition" (summonses are rarely used). You can plead guilty by post in response to that and also state any mitigating circumstances you wish the court to consider. The rail authority will ask for a contribution to prosecution costs which is usually £150 and you will also pay an income related fine (usually 50% of a week's net income, reduced by a third if you lead guilty, and a surcharge of 10% of the fine (minimum £32). If you do not declare your income a default figure of £440pw will be assumed. If you have a low income a minimum of £120pw will be assumed. They have six month sfrom the date of the alleged offence to begin court proceedings.
 

najaB

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Very few areas (in fact none that I know of) use the SJ procedure to prosecute Rail Fare evasion.
That doesn't quite square with the fact that several posters have, in fact, received Single Justice Procedure notices for fare related cases.
 

philthetube

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Attendance may go in your favour as the magistrate may take a lenient stance if he can see that you show true remorse and that you realise the seriousness of the charge.

Turn up early and dress smart(ish)

Properly clean shaven, collar and tie, no tatts visible, none of this a guaranteed to help but it might and it definitely won't do any harm.
 
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