Summons to magistrates court

[Milton123]

Looking for some advice please ...
I and husband boarded a train in Aug’19 without a ticket due to running late. I had every intention of buying one from the conductor or from the ticket officers at the other end at Manchester but when we got off were issued a penalty.
Through my own stupidity I completely forgot all about it and until 6/3/20 had no further correspondence.
I wasn’t at home from the 17/2 -5/3.

I opened a letter on the 6th March (dated the 13/2/20). It was a ‘single justice Procedure notice’ along with a out of court settlement slip - both to be completed within 21days which had lapsed as I’d not had the letter prior to the 6/3
I rang the number on the late settlement slip but they said they couldn’t accept payment due to the timeframe and advised me to contact the court.

After numerous phone calls that and the next day I spoke to someone in the accounts/enforcement unit who advised me to fill in the justice procedure notice with my plea and and an explanation as to why it was late via email.

I pleaded guilty and explained that I’d not opened the letters until the requested date had passed but explained I took full responsibility for my recklessness and wanted the matter resolved ASAP and was happy to pay any fine put forward. I requested I do not attend court
I filled in the expenditure sheet that showed I am in some financial difficulties.
I have now received a letter stating I’ve been summoned to court in the 6/4.
It states a magistrate has decided the case should be referred to a full court hearing. Reason: case inappropriate for single justice procedure
On the back it gives the case:
Contrary to section 5(1) of the regulation of railways act 1889
You have been convicted of this offence.

I’m absolutely mortified it’s come to this and cannot understand why it’s being now taken further.
I’m currently going through a marriage break down (hence why I wasn’t at home those dates)
Working for the ambulance service so am terrified about a criminal record

My husband also got this letter but chose to not plea at all and made no contact - he has received a £400 fine (no request to court or conviction)
Would like some advice please and as this happened to anyone before.

I feel like they want to give me a much higher punishment - terrified of a jail sentence. I have 3 young children, a good job and a clean record. Nothing like this has ever happened to me.

 

[Spurs]

Looking for some advice please ...
I and husband boarded a train in Aug’19 without a ticket due to running late. I had every intention of buying one from the conductor or from the ticket officers at the other end at Manchester but when we got off were issued a penalty.
Through my own stupidity I completely forgot all about it and until 6/3/20 had no further correspondence.
I wasn’t at home from the 17/2 -5/3.

I opened a letter on the 6th March (dated the 13/2/20). It was a ‘single justice Procedure notice’ along with a out of court settlement slip - both to be completed within 21days which had lapsed as I’d not had the letter prior to the 6/3
I rang the number on the late settlement slip but they said they couldn’t accept payment due to the timeframe and advised me to contact the court.

After numerous phone calls that and the next day I spoke to someone in the accounts/enforcement unit who advised me to fill in the justice procedure notice with my plea and and an explanation as to why it was late via email.

I pleaded guilty and explained that I’d not opened the letters until the requested date had passed but explained I took full responsibility for my recklessness and wanted the matter resolved ASAP and was happy to pay any fine put forward. I requested I do not attend court
I filled in the expenditure sheet that showed I am in some financial difficulties.
I have now received a letter stating I’ve been summoned to court in the 6/4.
It states a magistrate has decided the case should be referred to a full court hearing. Reason: case inappropriate for single justice procedure
On the back it gives the case:
Contrary to section 5(1) of the regulation of railways act 1889
You have been convicted of this offence.

I’m absolutely mortified it’s come to this and cannot understand why it’s being now taken further.
I’m currently going through a marriage break down (hence why I wasn’t at home those dates)
Working for the ambulance service so am terrified about a criminal record

My husband also got this letter but chose to not plea at all and made no contact - he has received a £400 fine (no request to court or conviction)
Would like some advice please and as this happened to anyone before.

I feel like they want to give me a much higher punishment - terrified of a jail sentence. I have 3 young children, a good job and a clean record. Nothing like this has ever happened to me.

People better placed to advise will probably be along shortly. But I can reassure you that there is a 0% chance of you going to jail for this. The use of that penalty is astonishingly rare (perhaps never?), and is literally impossible for a first offence. The worst-case outcome here is a fine and a relatively minor criminal record which would be spent for most purposes in a year's time, and I think there's still every chance you can negotiate an out-of-court settlement even if that potentially means approaching the prosecuter in court on the day.

 

[island]

As you’ve pleaded guilty to and been convicted of an offence, you now have a criminal record. If your work policies require you to declare criminal records, you need to do so now. (Note that this is not a given. Many employers ask for records to be declared upon joining, but do not place a continuous duty to declare them into the future.)

Your court date is solely for the purpose of determining the punishment you should face for the offence you committed.

A first offence under the Regulation of Railways Act is vanishingly unlikely to result in a jail sentence. Much more likely is a fine, and a very distant chance of a community order (unpaid work etc.)

 

[Milton123]

As you’ve pleaded guilty to and been convicted of an offence, you now have a criminal record. If your work policies require you to declare criminal records, you need to do so now. (Note that this is not a given. Many employers ask for records to be declared upon joining, but do not place a continuous duty to declare them into the future.)

Your court date is solely for the purpose of determining the punishment you should face for the offence you committed.

A first offence under the Regulation of Railways Act is vanishingly unlikely to result in a jail sentence. Much more likely is a fine, and a very distant chance of a community order (unpaid work etc.)

Hiya, Thanks for the information - would there be any for me to attend court though, surely they could have sent a letter with a fine if they’ve accepted my plea?

 

[Milton123]

As you’ve pleaded guilty to and been convicted of an offence, you now have a criminal record. If your work policies require you to declare criminal records, you need to do so now. (Note that this is not a given. Many employers ask for records to be declared upon joining, but do not place a continuous duty to declare them into the future.)

Your court date is solely for the purpose of determining the punishment you should face for the offence you committed.

A first offence under the Regulation of Railways Act is vanishingly unlikely to result in a jail sentence. Much more likely is a fine, and a very distant chance of a community order (unpaid work etc.)[/QUOTE

People better placed to advise will probably be along shortly. But I can reassure you that there is a 0% chance of you going to jail for this. The use of that penalty is astonishingly rare (perhaps never?), and is literally impossible for a first offence. The worst-case outcome here is a fine and a relatively minor criminal record which would be spent for most purposes in a year's time, and I think there's still every chance you can negotiate an out-of-court settlement even if that potentially means approaching the prosecuter in court on the day.

thanks for the reply ... I really hope you are right. I am so worried about the whole situation.

People better placed to advise will probably be along shortly. But I can reassure you that there is a 0% chance of you going to jail for this. The use of that penalty is astonishingly rare (perhaps never?), and is literally impossible for a first offence. The worst-case outcome here is a fine and a relatively minor criminal record which would be spent for most purposes in a year's time, and I think there's still every chance you can negotiate an out-of-court settlement even if that potentially means approaching the prosecuter in court on the day.

Thanks for the reply ... I hope you are right. I’m so worried about the whole situation.

People better placed to advise will probably be along shortly. But I can reassure you that there is a 0% chance of you going to jail for this. The use of that penalty is astonishingly rare (perhaps never?), and is literally impossible for a first offence. The worst-case outcome here is a fine and a relatively minor criminal record which would be spent for most purposes in a year's time, and I think there's still every chance you can negotiate an out-of-court settlement even if that potentially means approaching the prosecuter in court on the day.

thanks for the reply ... i really hope you are right. I’m so worried about the whole situation.

 

[island]

Hiya, Thanks for the information - would there be any for me to attend court though, surely they could have sent a letter with a fine if they’ve accepted my plea?

From what you’ve posted, it sounds as though the magistrates want to hear from you in person. Having the case handled entirely by post is not an entitlement and under section 16C of the Magistrates Court 1980 the court is entitled to, and has decided to, require you to attend in person. If you do not, you’ll be arrested.

 

[Milton123]

From what you’ve posted, it sounds as though the magistrates want to hear from you in person. Having the case handled entirely by post is not an entitlement and under section 16C of the Magistrates Court 1980 the court is entitled to, and has decided to, require you to attend in person. If you do not, you’ll be arrested.

Good god, cannot believe It’s come to this - I’m absolutely petrified. Would you suggest a solicitor at this stage, even though I’ve already been convicted? Thanks again for your advice.

 

[gray1404]

What was the exact date of travel?

In some circumstances a Salutatory Declaration is possible if you were not aware of proceedings. These "resets" the process and any conviction given you were unaware of and starts the process again.

 

[Milton123]

What was the exact date of travel?

In some circumstances a Salutatory Declaration is possible if you were not aware of proceedings. These "resets" the process and any conviction given you were unaware of and starts the process again.

It was the 14/9/19 - no excuse whatsoever but I had completely forgotten about it.

 

[Haywain]

Good god, cannot believe It’s come to this - I’m absolutely petrified. Would you suggest a solicitor at this stage, even though I’ve already been convicted? Thanks again for your advice.

It seems more likely that the court wants to hear from you about any mitigation and to address what level of fine and costs should be imposed. Having a solicitor is just going to mean you incur more expense than necessary.

 

[Hadders]

I don't think a Statutory Declaration would succeed. The OP pleaded guilty.

The magistrates want attendance in person to pass sentence. I would advise attending in person as it shows you take the matter seriously and might help in mitigating the sentence.

You will not go to jail for this. You will receive a fine,

 

[island]

What was the exact date of travel?

In some circumstances a Salutatory Declaration is possible if you were not aware of proceedings. These "resets" the process and any conviction given you were unaware of and starts the process again.

The OP was aware of the proceedings; she pleaded guilty to the charge and was convicted. A statutory declaration is not amongst the available options at this stage.

 

[BrianW]

Dear OP,
I hope you are able to stay calm- easy for me to say.
I have almost no knowledge of legal processes etc but know enough about people to see and feel your distress.
Now of course it's the weekend, and what with Covid-19 and your personal circumstance too not a time to be able to actually do much.
Do you have a friend you can share stuff with over the phone? It's a hard situation for you- be gentle with yourself, esp if you 'lose it' now and then- aargghhh!
Put music on; watch a DVD; stop watching this Forum ...

 

[Milton123]

Dear OP,
I hope you are able to stay calm- easy for me to say.
I have almost no knowledge of legal processes etc but know enough about people to see and feel your distress.
Now of course it's the weekend, and what with Covid-19 and your personal circumstance too not a time to be able to actually do much.
Do you have a friend you can share stuff with over the phone? It's a hard situation for you- be gentle with yourself, esp if you 'lose it' now and then- aargghhh!
Put music on; watch a DVD; stop watching this Forum ...

Thank you for your kind words Brian - I am extremely stressed and feel the 2 weeks they have given me isn’t much to get organised, especially legal advice, given the current situation. My work pressures are ridiculous. I just wish I didn’t have to face this.

 

[John R]

A couple of thoughts. Firstly, I’d be highly surprised if magistrates courts are still sitting by early April, so I suspect the case will be postponed for who knows how long.

And also whether there would be any mileage in explaining that you work for the ambulance service and in the current circumstances you feel, whilst you understand you have to attend court, it may be better to delay it until a later date to enable you to concentrate on your work.

 

[some bloke]

Do you belong to UNISON? They provide some free legal advice. They might also provide support, advice on whether/what to tell your employer and advice on whether there are likely to be significant employment consequences (hopefully not).

For legal support on non-work related issues: 0800 0 857 857
https://www.unison.org.uk/get-help/services-support/legal-services/for-you-and-your-family/

whether there would be any mileage in explaining that you work for the ambulance service and in the current circumstances you feel, whilst you understand you have to attend court, it may be better to delay it until a later date to enable you to concentrate on your work.

Yes. You could email court staff, saying you work for the ambulance service and asking for guidance. Perhaps there will be some arrangement for telephone inquiries. If you consult a solicitor through UNISON, ask them about all this.

section 5(1) of the regulation of railways act 1889
You have been convicted of this offence.

It isn't clear how you are guilty under that section. It requires failure to give your name and address, but the company did have your name and address.

https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

...the three conditions. The fact that someone cannot be guilty if they meet any of the three is explained here:
https://global.oup.com/booksites/content/9780199594825/updates/ch_26/

........................

Working for the ambulance service so am terrified about a criminal record

There may well be nothing or very little to be worried about. You might ask a professional organisation, as well as a union, whether employers care about this sort of thing.

However, there may be a couple of admin tasks:
1. Does your employment contract say you have to tell your employer? It may be that you are required to tell them now. That is more likely if a standard or enhanced DBS check was involved when you were hired.
2. Do you have to tell a professional organisation? If you are a member, what does their website say?

You could upload photos of the paperwork (with identifying details removed) in case someone on here can spot anything which clarifies the situation.

 

[some bloke]

The magistrates are not allowed to send anyone to prison for a section 5(1) offence - the law says a person would be liable for a fine.

https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

 

[some bloke]

The maximum fine at level 2 (as mentioned in section 5(1) of the 1889 Act) is £500.
https://www.sentencingcouncil.org.u...to-the-assessment-of-fines-2/9-maximum-fines/

..........

If you've been wrongly convicted because you gave the wrong plea, one possibility might be this. (You could ask the solicitor through UNISON about this if you talk with them). You might contact the train company, saying if appropriate,

"Your ref. XXXXXXX

I work for the ambulance service. I would be grateful if you could give this matter early attention as I am finding it a distraction at a time of extraordinary pressure at work.

Following prosecution by [train company] I have been convicted under section 5(1) of the Regulation of Railways Act 1889. I am now required (if and when the current national emergency allows) to attend court for sentencing.

It now appears that the prosecution and conviction were on an erroneous basis. Under section 5(1), giving my name and address automatically meant I was innocent. Clearly I did give my name and address, because I received the correspondence.

I mistakenly pleaded guilty due to ignorance of the law, and acknowledge the role which that error (and my not receiving prior correspondence in time) played in causing this situation.

Please provide written confirmation that I did in fact provide my name and address, and so to the company's best knowledge was not guilty of the offence. I would be grateful for a reply by xx [date]."

That could at least influence the magistrates in the sentencing (ie give you an absolute discharge) even if they can't reverse the verdict.

The company might not want to prioritise admitting a legal mistake, so you might have to chase it up with management as well as their senior legal staff. In any case, the fact that you have notified the company of an apparent error may be of use in communicating with the court, even before the company replies.

 

[some bloke]

I'm sorry that you're in this position and sorry about the length of my replies - it seems the situation has several aspects. The first thing to do may be to find out from the court website or by calling (even on Sunday) to see if there's a recorded message, how the court/court staff are going to operate/not operate over the next few weeks.

 

[Milton123]

I’ve attached the letter received. I’m confused as to why its saying I must attend to enter a plea if I have already been convicted?

 

[some bloke]

Yes - it looks like either "you have been convicted" or the requirement for a plea is a mistake, so call the court (perhaps hoping someone is reachable) and email.

 

[some bloke]

Also, if you haven't been convicted you can try to get the company to withdraw the prosecution. Write and tell them as above that since you gave your name and address, your understanding is that you can't be guilty.

The charge fails to mention that the passenger can give their name and address as an alternative to producing a ticket or paying.

 

[Milton123]

And this is the email I sent to them on the 11/2 after instruction to do so by staff... I never heard anything back until this ‘summons on referral to court...


To whom it may concern,

I am writing with regards to the above account and to offer a late plea and explanation.
I received a letter dated the 13/2/20 for a Single Justice Procedure Notice however only opened this on the 6th March due to being away from home (17/2-5/3)
I contacted the number on the Settlement Offer slip at the first available opportunity within their working hours (9/3) but was advised I was no longer eligible to pay them directly due to the timeframe. The gentleman on the phone advised to contact the courts.
After numerous phone calls, I discussed this issue with a lady called Carly in the accounts/enforcement unit. She kindly advised to email this information to yourselves requesting a late settlement fine / plea.
I fully understand I am liable for this offence but wish to state I have received no corespondents from northern railway prior to this letter or would have settled at a much sooner date.
I would like to resolve this matter urgently as an extremely concerned about an outcome, I have never had to deal with any matter of this sort before. It is a genuine but careless mistake that had been forgotten up to this point and have not or ever would intentionally avoid paying a fine.

please find attached all the documents requested.
Should you wish any further information or to discuss the matter directly, please contact myself on the number below.

 

[some bloke]

Would you like to upload that paperwork, again with identifying details removed?

 

[some bloke]

To be on the safe side, please check whether you are required to tell your employer and/or professional organisation about a conviction (the requirement may be "as soon as possible"), then if so let them know of this situation in writing, keeping a record that you have done so.

 

[some bloke]

If you contact your employer and/or professional organisation, you can simply tell them that

1. you have received this paperwork;
2. the paperwork says two things which are in conflict: that a) you have been convicted, and that b) you are required to enter a plea; and
3. you are attempting to get the situation clarified.

You could add that your guilty plea was in error after the written charge omitted the fact that someone is not guilty in your situation*.

* unless there is some other consideration to do with name and address, but I think it's at least plausible that the company has prosecuted when under that section you had no case to answer.

 

[Enthusiast]

giving my name and address automatically meant I was innocent.

I think not. That would mean that providing a name and address and then ignoring anything that followed means no conviction can take place. The full text of S5(1) is this:

Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is paid, or pay his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I would suggest that if the defence was put forward that no conviction can be recorded because details had been provided the court would be guided that "default" should include failing to pay whatever was subsequently requested. The alternative would mean that nobody need buy a ticket, provide their name and address if asked, simply ignore what follows and that's the end of the matter.

Unfortunately I cannot read the letters that have been posted up and cannot see where it says a plea is required. But one of two things may have happed:

The court may not have received the guilty plea or processed it properly.

A Single Justice would not deal with the matter if a Not Guilty plea or no plea was received. ​

If a conviction has been recorded it seems clear that would indicate the OP's plea was received by the court. The only reason I can think for asking the defendant to attend in those circumstances is because the SJ was not content with the statement of means provided. That does not, of course, explain why a plea has now been requested. If the court cannot help over the phone best to attend to find out the reason. As of this weekend, Magistrates' Courts are sitting normally, though of course the situation is evolving rapidly.

 

[Milton123]

I shall try uploading again ... I have no understanding of the legal side. I understand I’ve done wrong by not buying the ticket and not paying within the 21days (extremely careless of me)
But everything after is overwhelming...

 

[some bloke]

The full text of S5(1) is this:

Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is paid, or pay his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I would suggest that if the defence was put forward that no conviction can be recorded because details had been provided the court would be guided that "default" should include failing to pay whatever was subsequently requested.

The Police Law book cited above says it would be a civil matter, not that someone would be guilty of a criminal offence. If the principle used in courts, or to be expected in courts, were that it is a criminal offence, we might expect that to be in the book.

The alternative would mean that nobody need buy a ticket, provide their name and address if asked, simply ignore what follows and that's the end of the matter.

The Penalty Fares Regulations refer to the recovery of a debt for a penalty fare as a civil process. The company has no need to use 5(1) in the first place if they have good grounds for a prosecution under a byelaw or for "intent to avoid a fare" under section 5(3).

 

[BrianW]

Heh guys- too much?
Really feeling for Milton123 here- so much well-intentioned advice; a bit like with Covid-19.
She's out there on the front line for us and feeling s**t.
Milton- I would hope the Ambulance Service would have someone in HR who may be able to advise, or if you're anxious about telling them (leaving aside whether you should or must) I understand some have a Chaplain
www.stalbans.anglican.org/ambulance-chaplains-chiefs-commendation/
(there for all not just 'Godbotherers'- and a bit like the railway has the Railway Mission www.railwaymission.org/meet-the-team/ )
I hope too you have the support of work colleagues and a good neighbour.