Calculation of fines

[Stigy]

Mod Note: Posts #1 - #4 originally in this thread.

You're slightly out with the fine amounts. There are no guidelines for Byelaw offences and Magistrates normally use the same guideline for both Byelaws and the Regulation of Railways Act, which have a starting point of a Band A fine. For a defendant pleading guilty, this would be 33% of their (not average) weekly income + victim surcharge + prosecution costs + fare avoided. Hopefully, the OP won't get that far.

I might be a bit out of touch, but the ‘average’ was until quite recently, as I stated. Admittedly this depends on means under means testing, but also the severity of the offence.

 

[Puffing Devil]

I might be a bit out of touch, but the ‘average’ was until quite recently, as I stated. Admittedly this depends on means under means testing, but also the severity of the offence.

It has never been average. It has always been based on the defendant's income unless convicted in absence, where the prescribed figure for average weekly earnings is used, which is why we see so many "outrageous" fines featured in the papers.

 

[Stigy]

It has never been average. It has always been based on the defendant's income unless convicted in absence, where the prescribed figure for average weekly earnings is used, which is why we see so many "outrageous" fines featured in the papers.

Indeed, but by default then the figures I posted are the average, taken in to account those who don’t plea, and those on benefits (who are given the statutory £30 fine). I understand it’s all means tested, but from experience, unless they earn a significant amount of money, or no money at all, defendants are usually fined the average amount, give or take.

 

[Puffing Devil]

Indeed, but by default then the figures I posted are the average, taken in to account those who don’t plea, and those on benefits (who are given the statutory £30 fine). I understand it’s all means tested, but from experience, unless they earn a significant amount of money, or no money at all, defendants are usually fined the average amount, give or take.

No - you're wrong. All fines are worked out according to the means form provided by the defendant and nowadays using an app, previously by hand or quick reference tables. I know. I used to do the calculations.

I've asked the mods to split these threads off, as they are a distraction for the OP.

 

[Puffing Devil]

Perhaps a good place to post this if anyone is interested, or wants to see a potential financial penalty worked through.

The railway offence guidelines are here: https://www.sentencingcouncil.org.uk/offences/item/railway-fare-evasion-revised-2017/

Custom and practice were that the same guidelines above were also used for the Byelaw Offences, with a Band A fine as the starting point for the lowest level offence. This is the lowest fine in the court guidelines. Most of the simple failure to pay cases are low value/low disruption and fall into the lowest category. For those worried about prison, it's not even mentioned for the top end of a first offence. Unless you are charged with an additional offence of extreme violence or make a career of fare evasion, you will not see the inside of a prison cell.

You can calculate possible penalties by putting in your details into the calculator: https://www.sentencingcouncil.org.uk/fine-calculator/

The default of £120/week is for those on benefits or no income (students, not working and not earning more than £120/week). £440 is the figure used if you do not attend or supply means information. You can overtype the £120.

Compensation will be the fare avoided. Enter it in the box. Assuming that you're pleading guilty on the first appearance, press "Finish & Calculate".

Surcharge
Were any of the offence(s) committed before 8 April 2016? Hit No

Select 10% Adult Fine

Prosecution Costs - Will vary by TOC and the amount of work they needed to do to bring the case to court. £135 is a good working estimate.

You'll see the total penalty at the end. Quite a bit up from the means-related element!!

The above example is for an Adult pleading guilty on their first appearance in court for this offence. Frequent visitors with a court history may have different results. Youths are very unlikely to end up in court unless they continue to try very hard. The Youth Court has its own protocols and punishments way beyond a simple calculator.