Criminal conviction

[pollygrey101]

How long does a criminal conviction last for fare evasion? Since fare evasion is deemed as a 'minor crime', would the conviction be on the record for less years? I've searched but I'm not entirely convinced with some of the answers.

Does anyone know or are you someone who has not been convicted after responding to the Single Justice Procedure?

 

[Gloster]

How long does a criminal conviction last for fare evasion? Since fare evasion is deemed as a 'minor crime', would the conviction be on the record for less years? I've searched but I'm not entirely convinced with some of the answers.

Does anyone know or are you someone who has not been convicted after responding to the Single Justice Procedure?

The experts will be along and will likely be able to answer. Sorry to say, but I don’t understand your second paragraph.

 

[pollygrey101]

Sorry I phrased it incorrectly. What I mean to ask is, has there been any winning SJP cases where people haven’t been convicted or are the chances slim?

The experts will be along and will likely be able to answer. Sorry to say, but I don’t understand your second paragraph.

Sorry I phrased it incorrectly. What I mean to ask is, has there been any winning SJP cases where people haven’t been convicted or are the chances slim?

 

[pedr]

Pleading guilty to a charge via a Single Justice Procedure Notice or pleading not guilty and being convicted after a trial result in a conviction for a criminal offence. In certain circumstances this should be mentioned to someone asking regardless of the passage of time.

Time is relevant for the concept of 'spent convictions' under the Rehabilitation of Offenders Act. This Act means that in certain circumstances - significantly most, but not all, employment - an adult who was punished by a fine can treat questions about convictions as if one from 12 months or more previously does not count. But certain employers are exempt from the provisions of the Act, due to the nature of the work. The Act also only applies to questions from British institutions, companies, etc.

Cases for ticketing crimes brought under the Single Justice Procedure shouldn't appear on police records, and so shouldn't appear on the responses to DBS checks, but this is a separate concept to the 'rehabilitation period' under the Rehabilitation of Offenders Act.

A court is going to convict where the elements of the offence are made out, which means that in cases where the defendant has done something wrong, they aren't going to have a chance to convince a court not to convict them despite their wrongdoing. I am sure that people are occasionally acquitted of Railway Bylaw offences, but these will be because the court decides they were not actually guilty of the crime charged, for some reason.

 

[swt_passenger]

Sorry I phrased it incorrectly. What I mean to ask is, has there been any winning SJP cases where people haven’t been convicted or are the chances slim?


Sorry I phrased it incorrectly. What I mean to ask is, has there been any winning SJP cases where people haven’t been convicted or are the chances slim?

I don’t recall anyone ever getting back to us to say they were found not guilty by SJPN. If they plead not guilty on the form doesn’t it revert to a normal magistrates court procedure anyway?

The aim of most discussions here has been to help people who’ve been taken by surprise by an SJPN because there’s been earlier correspondence lost or missed. Effectively to try and rewind the procedure back to an administrative (out of court) settlement.

 

[Haywain]

I don’t recall anyone ever getting back to us to say they were found not guilty by SJPN. If they plead not guilty on the form doesn’t it revert to a normal magistrates court procedure anyway?

My understanding is that the single justice process is to deal quickly with cases where the full court process is not required, and therefore a not guilty verdict is effectively impossible. As you say, that would revert to a full hearing before the magistrates.

 

[Titfield]

My understanding is that the single justice process is to deal quickly with cases where the full court process is not required, and therefore a not guilty verdict is effectively impossible. As you say, that would revert to a full hearing before the magistrates.

Yes if a guilty plea is entered then the sanction can be applied by a magistrate "on the papers" ie having read all the details of the case. It enables magistrates to carry these out quickly and effectively. There is no unfairness as the individual has plead guilty. It avoids an individual having to come to court just so they can say "guilty".
If a not guilty plea is entered in response to the SJPN then the individual is summoned to court for the full hearing procedure. The individual will say "not guilty" and the prosecutions case and defence case are heard and the magistrates make their decision based on what is said in court plus any evidence admitted to court.

 

[Enthusiast]

By their nature, trials cannot be dealt with under the SJP. Such "hearings" are held in an office, with nobody present other than the Single Justice (a Magistrate) assisted by a Legal Advisor. Nobody else is permitted. This means that all the participants in a "normal" trial - prosecutor, defendant, his advocate and witnesses - are absent.

The SJP is reserved to deal with guilty pleas to charges of non-imprisonable offences and where the defendant is aged over 18.

 

[pollygrey101]

I’ve plead guilty so I clearly will be getting convicted. Does anyone know how long this stays on your record/enhanced DBS record?

I mean to ask does it show up on a Standard DBS check? enhanced dbs isn’t what I need rn

 

[Titfield]

I’ve plead guilty so I clearly will be getting convicted. Does anyone know how long this stays on your record/enhanced DBS record?

I mean to ask does it show up on a Standard DBS check? enhanced dbs isn’t what I need rn

When the conviction is spent it will no longer appear on the DBS.

When a conviction becomes spent depends upon the offence you have been convicted of / the law you have been prosecuted under.

Take a look at https://www.railforums.co.uk/threads/byelaw-offences.201294/

 

[Hadders]

Welcome to the forum!

We need to know what offence you are being charged with.

If you plead guilty or plead not guilty and are found guilty by the court following a trial, means you have been convicted of a criminal offence.

Convictions for bylaw offences aren't normally entered into the Police National Computer and ordinarily won't appear on DBS certificates. If you are convicted under the Regulation of the Railways Act then this would be entered into the Police National Computer and will appear on Basic DBS certificates until the conviction is spent (normally a year). As I understad it, a Standard or Enhanced DBS certificate shows details of all spent and unspent convictions and adult cautions from the Police National Computer which have not been filtered in line with legislation. From what I can see conviction for a railway ticketing offence would be filtered and not show on a Standard DBS check after 11 years.

We would always advise being honest with any prospective employer if you are asked if you have a criminal conviction. Although we don't know the details of your case, a conviction for a minor railway ticketing matter would not normally impact your career prospects.

See here for further information:

DBS checks: guidance for employers

Guidance for employers about DBS checks, including how to apply, registering with the DBS and the code of practice.

www.gov.uk

Types of DBS checks​

Basic check - £18​

The basic check can be used for any position or purpose. A basic certificate will contain details of convictions and cautions from the Police National Computer (PNC) that are considered to be unspent under the terms of the Rehabilitation of Offenders Act (ROA) 1974.

Standard check - £18​

The standard check is available for duties, positions and licences included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975, for example, court officers, employment within a prison, and Security Industry Authority (SIA) licences.

A standard level certificate contains details of all spent and unspent convictions and adult cautions from the Police National Computer (PNC) which have not been filtered in line with legislation.

Enhanced check - £38​

The enhanced check is available for specific duties, positions and licences included in both the Rehabilitation of Offenders Act 1974 (Exceptions Order 1975) and the Police Act 1997 (Criminal Records) regulations, for example, regularly caring for, training, supervising or being solely in charge of children, specified activities with adults in receipt of health care or social care services and applicants for gaming and lottery licences.

An enhanced level certificate contains the same PNC information as the standard level certificate but also includes a check of information held by police forces.

New filtering rules for DBS certificates (from 28 October 2023 onwards)

www.gov.uk

What Police National Computer (PNC) records will be disclosed automatically on a DBS Standard or Enhanced check?​

The rules regarding the automatic disclosure of cautions and convictions on a DBS check are set out in legislation.

Standard and Enhanced DBS checks must always include the following records no matter when they were received:

• All convictions for specified offences
• Adult cautions for specified offences
• All convictions that resulted in a custodial sentence

Other records must be included depending on when the caution or conviction was received:

• Any adult caution for a non-specified offence received within the last 6 years
• Any adult conviction for a non-specified offence received within the last 11 years
• Any youth conviction for a non-specified offence received within the last 5 and a half years

An ‘adult’ is any individual aged 18 or above at the time of the caution or conviction. A ‘youth’ is any individual aged under 18 at the time of the caution or conviction.

Any unspent convictions or cautions will also appear on a Standard or Enhanced check. Guidance on rehabilitation periods can be found here.

A ‘specified offence’ is one which is on the  list of specified offences agreed by Parliament which will always be disclosed on a Standard or Enhanced DBS check where it resulted in a conviction or an adult caution. Youth cautions for specified offences will not be automatically disclosed.

Any cautions (including reprimands and warnings) and convictions not covered by the rules above are ‘protected’ and will not appear on a DBS check automatically.

Cautions, reprimands and warnings received when an individual was under 18 will not appear on a Standard or Enhanced check automatically.

Please note that Enhanced checks may include information relating to a protected caution or conviction if the police consider that it is relevant to the workforce that the individual intends to work in. Decisions to include information in this way are subject to statutory guidance.

 

[island]

I’ve plead guilty so I clearly will be getting convicted. Does anyone know how long this stays on your record/enhanced DBS record?

I mean to ask does it show up on a Standard DBS check? enhanced dbs isn’t what I need rn

Are you sure you need a Standard DBS check and not a Basic? Only a very few rules require a Standard check.