TFL BYLAWS

[Tom_00]

Hello, i have just been caught using another student’s oyster card that didn’t belong to me. I have been reading a lot of stuff and I would like to know if it gets filtered after 1 year of me pleading guilty??

I am being prosecuted under;
“Contrary to Regulation 7(1)(b) of
the Public Service Vehicles (conduct of Drivers, Inspectors, Conductors & Passengers) Regulations
1990 SI No. 1020 and contrary to Section 25(3) of the Public Passenger Vehicles Act 1981”. Got caught on a bus

Thanks

 

[cuccir]

I would like to know if it gets filtered after 1 year of me pleading guilty

I presume that what you mean here is whether the conviction would be considered 'spent' after a year?

When a conviction is spent depends on the penalty - you can see the guidelines here. Presuming you receive a fine, which is the most likely penalty, then yes if you are over 18 it would be spent after 1 year from the date of sentencing.

 

[Tom_00]

Thank you so much for your answer… once the conviction gets “spent” after a year. Would it get filtered/protected ?? As in that it won’t be disclosed on a standard or enhanced DBS checks.

Is that right ??

Thanks

 

[cuccir]

Ah sorry, I misunderstood your initial question a little.

The period in relation for filtering from DBS checks is longer: it is 11 years for any non-custodial 'non-specified' offence (details here). The specified offences, which are never removed, are all related to violent or sexual crime so will not apply here.

So the crime is spent after 1 year - meaning you don't have to declare it when applying for a job or for insurance. But it will remain on DBS checks for a further 10 years (11 in total). It's worth remembering that the point of a DBS check is to prevent dangerous people being put into positions of power or responsbility over vulnerable people, so in most cases having a minor offence come back on a check should not affect the ability of someone to get a job.

 

[Tom_00]

Okay thank you for your answer

So filtering will not apply on this case ?

 

[island]

As the offence is not a recordable offence it ought not appear on a basic or standard DBS at all. It might (or might not) appear on an enhanced DBS and would be subject to potentially being filtered after 11 years.

You should be aware that a minor criminal record is not a bar to ever getting a job; many employers have employees with a criminal history and as long as it is declared upfront it is often not an issue.

 

[Tom_00]

Okay thank you so much for you help

When you say “it ought not appear on a basic or standard dbs”… do you mean it will not appear once the conviction is spent or it will not appear at all even if I am convicted ??

Thanks

 

[30907]

Okay thank you so much for you help

When you say “it ought not appear on a basic or standard dbs”… do you mean it will not appear once the conviction is spent or it will not appear at all even if I am convicted ??

Thanks

It should not appear at all, though it is possible that a mistake might be made. Standard advice - if asked when applying for jobs etc, tell don't hide it.

 

[Tom_00]

Okay thank you

Also, would the other person (owner of the oyster card) get into trouble once i plead guilty ?

 

[AlterEgo]

Okay thank you

Also, would the other person (owner of the oyster card) get into trouble once i plead guilty ?

They may already be in trouble. Misuse of staff passes is very serious.

 

[Tom_00]

?

 

[AlterEgo]

delete

 

[Mawkie]

They may already be in trouble. Misuse of staff passes is very serious.

I thought it was a student Oyster?

 

[Tom_00]

The sanctions won't be criminal but they may face disciplinary action because their staff pass was misused.

And how would the person be aware of that ?

I thought it was a student Oyster?

Yes, it was a student oyster from another person, would the person get into legal trouble??

Because i do not want the person to get into trouble for a stupid mistake I made

 

[AlterEgo]

And how would the person be aware of that ?

Ignore me - I am cross posting with another tab open in a different thread about staff passes!

There will likely be no bad outcome for the other student.

 

[Tom_00]

Ignore me - I am cross posting with another tab open in a different thread about staff passes!

There will likely be no bad outcome for the other student.

Okay thank you… appreciate your helppp…