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Will I be convicted if Fare Evasion?

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221129

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I do hope, when a letter does come, they will accept my statement and apology.
I suppose I am guilty - but without intent.

from what I have gathered on this forum and from other people is that there are a few outcomes:

1. The letter will be about just a penalty fee

2. A penalty fee and a request to send my own statement explaining my side of things (intent to prosecute letter)

3. If that doesn’t work, a letter to agree to settle this in the magistrates court OR receive a letter where I can plead guilty or not guilty (if I pleas guilty I will not be sent to court and a punishment will be decided for me, and from my understanding I will receive a criminal record. However if I don’t pleas guilty then matters will be taken to court (which I need funds for).
I suspect option 2 is most likely.

I suppose I am guilty - but without intent.
In legal terms intent is shown by actions, travelling with an out of date railcard (especially 3 months pit of date) could easily be argued as intent in legal terms. However it is unlikely to come to that.
 

30907

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2. A penalty fee and a request to send my own statement explaining my side of things (intent to prosecute letter)

3. If that doesn’t work, a letter to agree to settle this in the magistrates court OR receive a letter where I can plead guilty or not guilty (if I pleas guilty I will not be sent to court and a punishment will be decided for me, and from my understanding I will receive a criminal record.
To add to what 221129 has written -
2. as I said upthread, it is an adminstrative fee or pre-court settlement (GWR's term) not a fine or penalty. It will cost you the same, though.
More importantly:
3. if you are prosecuted under the Byelaws for not having a valid ticket, that is a non-recordable offence which means you do not get a criminal record; you will only get one if you are prosecuted under the Regulation of Railways Act, which IMO (based on many threads here) is unlikely. Your professional association will advise if you need to declare either.
 

baechuke

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To add to what 221129 has written -
2. as I said upthread, it is an adminstrative fee or pre-court settlement (GWR's term) not a fine or penalty. It will cost you the same, though.
More importantly:
3. if you are prosecuted under the Byelaws for not having a valid ticket, that is a non-recordable offence which means you do not get a criminal record; you will only get one if you are prosecuted under the Regulation of Railways Act, which IMO (based on many threads here) is unlikely. Your professional association will advise if you need to declare either.
Do you know if GWR is under RoRa or Bylaws?
 

30907

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It could be either.
Do you know if GWR is under RoRa or Bylaws?
Unfortunately, you will have to wait until they get in touch, and even then many companies seem to have a standard letter that mentions both options.
That said, I would be surprised if any company went for a RoRA prosecution for a single offence.
Do let us know when the letter arrives and we can offer more advice.
 

221129

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, I would be surprised if any company went for a RoRA prosecution for a single offence.
I wouldn't. It would be pretty much a slam.dunk in my opinion. Although again, I'd be surprised if they didn't settle first.
 
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