Caught using an Oyster card loaded with a discount which I wasn't entitled to

[methecooldude]

Has the OP actually admitted that the brother's Oyster is a high value one? I know it seems very likely indeed, and they don't seem to care one tiny bit about the consequences for the brother.

The thread title has been changed, originally it was something like "I used my brothers contractor pass..."

 

[UserM]

That is not correct. The Act says no such thing.

If the convicting court decided that an absolute discharge was an appropriate sentence, that would be immediately spent, but these are not often seen.

Whilst a conviction for a railway byelaw offence will not ordinarily appear on a DBS check, this is by virtue of the fact it is not an imprisonable offence or otherwise specified in regulations as a recordable offence, not because it is "immediately spent".

This is not right either. A lot of employers would say they have "a specific need to know" about all convictions, but the only ones entitled to know about spent convictions are those recruiting a role specified in the various regulations as entitling them to ask.

In practice, someone with a recent conviction for a railway byelaw offence who does not declare it is unlikely to find their employer discovers it, because it is non-recordable, but...

This I agree with.

It is important that you follow your own advice

After taking some time back to read through my post. Everything Island mentions is the case. Been a while since I did this area of law at university.

Will teach me to properly read over and check what I post.

But the short of it is, that if convicted of a byelaw offence you do have a a criminal record, however in many cases as mentioned by @island you do not need to declare it. It will just not be on the PNC, unless in cases such as I mentioned in my original post.

Though I must again mention that in my experience, honesty is the best policy!!

 

[30907]

In relation to getting a criminal record, the statement you make is manifestly untrue. If convicted in a magistrates court of a byelaw offence. You will indeed have a criminal record, as you have been convicted of a criminal offence.

Thank you, I have corrected my post. And meant to post this earlier.

Though the notion of a criminal record that is not recorded centrally is curious, but that's by the by.

 

[UserM]

Thank you, I have corrected my post. And meant to post this earlier.

Though the notion of a criminal record that is not recorded centrally is curious, but that's by the by.

No worries, as proved by myself it is indeed a complex area.

Just wanted to make sure that the OP or other visitors of the thread realise it is indeed the case.