Q: I was stopped and questioned by an enforcement officer/ticket inspector, what happens next?
A: If you were approached by an enforcement officer/ticket inspector and cautioned under the Police and Criminal evidence act 1984 for breaking a railway Byelaw or the Railway Regulations act 1889 section 5. The enforcement officer/ticket inspector will use his note book during the interview, recording details obtained from you on the day in question. He/she will then submit a report to the prosecutions department at Merseyrail. Here it will be read and a decision made based on the facts reported, whether a person will be forwarded for prosecution or not. If a decision is made to prosecute, a letter will be despatched showing the date the alleged offence was committed and informing you of what you need to do next.
This next section applies to Merseyrail only
Q: What are my options?
A: If you receive a letter from our prosecutions department claiming that an offence has been committed, you may be offered a reprimand along with an administrative penalty. Ranging from £50.00 to £75.00 dependent on whether a Byelaw or a Railway Regulation Act has been contravened. If we find that you have previously committed the same offence, the option of a reprimand will not be offered a summons to court will be issued automatically.
The above section applies to Merseyrail only
Q: How do I pay?
A: You can pay the reprimand by Debit or Credit card over the phone (the telephone number will be provided within the letter sent to you) or by postal order. Cash will not be accepted, all postal orders are to be made payable to Merseyrail Electrics 2002 ltd.
Q:Why have I received a summons to attend court?
A: You have received a summons to attend court because you have either failed to pay the administrative penalty or you have previous convictions for the same offence.
Q: What do I do next?
A: If you fail to pay the administrative penalty before your court date, your case will go through the prosecutions process, if found guilty you could face a fine of up to a £1000, and additional court costs. You have the right to attend court on the day your case is heard and to plead your case to the Magistrates. If you fail to attend or to give the court notification, you may be found guilty in your absence.
Q:Will I get a criminal record?
A: If found guilty of a Byelaw offence, it may appear on an enhanced CRB CHECK but if you are found guilty of a Railway regulation act 1889 section 5 offence, then this would show up on any CRB CHECK. If you pay the administrative penalty, this will enable us to withdraw your case from court, and consequently you will have no CRB RECORD.
Q: Can I appeal?
A: If you feel you have grounds in which to lodge an appeal, you can plead your case to the Magistrates on the day you attend the court, however you run the risk of being found guilty and consequently may face a heavier fine. If you do not wish for your case to reach the court but would still wish to appeal, we would recommend that you pay the administrative penalty offered to you and then contact the prosecutions department via letter or E-Mail stating your grounds for the appeal. The matter will be investigated thoroughly, and if you have sufficient grounds are found for your appeal, a full refund will be issued to you.
If you have any questions or queries that have not been answered above, please click on the link below and submit your query. we will respond to your enquiry.
