The circumstances in which prison sentence can be awarded for 'fare dodging'

[cuccir]

A few times on here people ask if anyone ever does actually receive a prison sentence for fare dodging (I will presume this means a conviction under the Regulation of the Railways Act!).

In response,
this example from the Northern Echo yesterday stood out for me: it shows how extensive someone's pattern of both evading fares and previous convictions has to be to be receive a prison sentence for fare evading.

It sounds like quite a sad situation overall. A few key points I think:

• He has 71 previous convictions
• Including previous Regulation of the Railways convictions
• The sentence is for 28 days
• The sentence is suspended for 6 months, subject to various conditions including paying the missed fares (though from the description, I don't see how someone in this position could afford this)
• The conviction appears to relate to multiple incidences of evading a fare

What I hope this is is some comfort to anyone who is accused of not paying a fare once or twice and finds themselves worried about jail time - this case should show how extensive offending needs to be for a suspended prison sentence to be given.

Serial East Coast Mainline fare dodger found hiding in toilet faces jail if he doesn't pay up
Megi Rychlikova

A SERIAL fare dodger found hiding in a train's toilet will have to pay for his train journeys or go to jail, magistrates have ordered.

Lee Bateman, 34, was found attempting to evade the conductor and did not have a ticket on a southbound CrossCountry train as it travelled from Newcastle to York, York Magistrates Court heard.

Joe Culley, prosecuting, said 19 days later on September 26, he was caught fare dodging on a Transpennine Express train travelling from Leeds to York.

Inbetween, he had stolen two bottles of wine from Sainsbury’s branch in Newcastle central train station on September 13.

He has 71 previous convictions, including fare dodging, on August 15.

Batemen, of no fixed address, who is believed to have strong North-East connections, pleaded guilty to the wine theft and two charges of fare dodging.

Magistrates gave him a 28-day prison sentence suspended for six months on condition he doesn’t commit any more offences, and completes seven days’ rehabilitative activities.

He must also pay the £77.50 fares for his illegal journeys and £10.50 compensation for the wine.

Mark Partridge, mitigating, said he had been an alcoholic for years and was homeless.

 

[A Challenge]

He did steal the wine as well so can you say the sentence isn't even all for it!

 

[Master29]

So in truth, most of what the TOC`s say is bluster but I suppose I can`t blame them given that jail will almost never happen.

 

[Islineclear3_1]

71 previous convictions....!? For what I wonder for such a young(ish) man

 

[175mph]

Jail only seems to happen when there's other factors involved, ie assaulting a guard, RPI etc.

 

[thedbdiboy]

Entirely appropriate that it is exceptional - it is better for the taxpayer that this is dealt with by fines considering that the crime does not involve the need to protect people by locking the offender away.

 

[DarloRich]

71 previous convictions....!? For what I wonder for such a young(ish) man

The report says he is an alcoholic and homeless. I would bet the convictions are for theft, breach of the peace, assault and assault on a police officer.

 

[island]

Breach of the peace is not something of which one can be convicted in England.

 

[70014IronDuke]

The guy needs help, really. I wonder if he can possibly avoid re-committing any offence, let alone earn the dosh to pay off the debts. Note only 2 instances of avoiding fares are mentioned for this conviction.

 

[Islineclear3_1]

Maybe he's begging for prison as it will provide him with warmth, shelter and 3 square meals a day