Is there a difference in prosecution outcome?

[DaveNewcastle]

The listings I have seen show a general description of the Offence, so just Fraud.

I agree.
There is no detail about the evidence of the fraudulent activities on the record.

And if it is dealt with in a Magistrates Court, then there won't be much more of a record of it anywhere (unless a journo has nothing better to do that day!) - Magistrates Courts have less IT equipment than the average 8-year old.

 

[ohsostupid]

OK. It is painful every time saying this but some more details.

I had an annual season ticket costing approx £3400 coming up for expiry. I was in severe financial difficulty at that time so when my ticket expired I crudely and amateurishly amended the date to give me an extra year’s ticket. With the money I ‘saved’ I used it to get back on my feet.

Towards the end of that dummy year, a ticket inspector at the gateline saw it was not a valid ticket. I was interviewed there and then under caution. I told the truth.
A week later I was invited for another interview under caution by the TOC. I attended alone and told the truth. The TOC guy mentioned he would run it past the BTP and would be surprised if they didn’t take the case.

About 6 weeks later the BTP called me to arrange another interview under caution. I could attend voluntarily and can bring my own solicitor or use their duty solicitor.

I plan to attend the BTP interview and hope to bring my own solicitor.

I have a clear record, have a young family, am the only breadwinner and work as a junior in financial services back office.

I am expecting a prosecution for fraud. I accept the fines etc but am desperately hoping that either 1) they will charge/caution me with a lesser offence to reduce the risk of making me unemployable in financial services. Or
2) That my Company’s HR dept will listen to the details of my case, discipline me but NOT sack me.
Any bets?

 

[furlong]

Regardless of outcome, you will be almost certainly be expected to pay retrospectively for the travel you made. This is traditionally estimated according to the cost of daily Anytime tickets rather than season tickets. There is a case going through the courts at the moment that you might want to observe where someone apparently seeks to challenge the way the compensation he is likely to be asked to pay is being calculated:
http://www.bbc.co.uk/news/uk-england-london-32251271
--- old post above --- --- new post below ---
From the Daily Mail

The Australian-born lawyer argues that he only dodged up to £9,714.40 in fares, claiming the amount should be based on the cost of a weekly ticket, and take into account annual leave.

 

[najaB]

I am expecting a prosecution for fraud. I accept the fines etc but am desperately hoping that either 1) they will charge/caution me with a lesser offence to reduce the risk of making me unemployable in financial services. Or
2) That my Company’s HR dept will listen to the details of my case, discipline me but NOT sack me.
Any bets?

1 - Rather unlikely, the charges will be judged solely on the basis of your actions.
2 - Depends on your company's policies so we can't comment, the only advice I can give is to keep them informed of exactly what's happening so that they don't think you're trying to hide anything from them. I don't work directly in HR (well, not the hiring/firing part) but I know that employers value forthrightness more than anything else.

 

[DaveNewcastle]

What you have described is simply not a Byelaw offence. It is captured by the Fraud Act and the Regulation of Railways Act. Both will be 'recordable'.

Sorry that this is not what you might have wanted to hear, but best that you should know. Your solicitor can help with mitigation. Mitigation will bring the sentence (if found Guilty) in line with your means, and it has to be appropriate to your means AND to the offence.