You’ve rather missed the point that prosecution, in itself, is merely a process. It’s neither a punishment, nor a criminal record. Do you object to the way the criminal law operates in this country? How should it be changed?
I don't think I have missed the point.
In my understanding (always happy to be corrected) in the UK the discretion and flexibility that any legal systems needs largely takes place before a trial. The police don't go around charging people every time they see something which is technically a crime. The CPS applies a "public interest test". But once a case goes to trial the process becomes much more rigid and the question is then just whether the defendent committed the exact crime they are being prosecuted for.
In the case of the railways there is a strict liability offence available which criminalises honest mistakes where there is clearly no intent to defraud (e.g. failling to pay a zero fare excess, not being able to show a railcard because of phone problems, losing a ticket then finding it a minute later).
A crime has been committed so if it goes to trial I don't think there is any scope for a not guilty verdict.
If someone is found guilty in such cases it seems entirely unreasonable to me to say that all the railway did was choose to prosecute and it wasn't them that convicted.
This isn't the place to discuss what I think about British criminal law in general, but if it was up to me I would not permit the railways to threaten prosecution (backed up with a very real chance of conviction thanks to strict liability) where there is no evidence of intent to fare evade and then offer to back down in return for cash. This is a serious conflict of interest and I'm not aware of anything similar in the UK outside the railways. Even if you argue that this conflict of interest is never abused (reading this sub-forum suggests otherwise to me) that still doesn't make it appropriate that it exists.
Indeed so, because they simply do what’s required of them. Most normal, decent people simply buy the ticket required. Discretion is almost invariably used to let people off entirely who have made an honest mistake, then you have penalty fares, then you have prosecution as a final option.
I think you and I live in very different worlds.
I live in one in which people do what they
think is required of them. They think that if there isn't time to get a ticket before getting on a train then it's fine to get one from the guard and if they can't do that then buy at the other end. And in many cases why wouldn't they? Nobody ever tells them it's wrong. Then one day if they're unlucky they turn up at the far end when revenue protection are around and suddenly they're in trouble - even though it's painfully obvious they aren't intending to fare evade because the station is always barriered and they can't get out without buying one.
They think that if they lose their ticket or their phone battery runs out and they can't show an e-ticket they'll be asked to buy another one. Not threatened with prosecution.
And I'm sure you are aware that penalty fares aren't available everywhere, in which case the system moves straight from letting someone off to threatening criminal proceedings rather than it being a final option.
(On the other hand, maybe I just know a disreputable group of people but I suspect that most people I know, faced with a journey where the first chance to pay was at the destination would reckon it was the railway's problem not theirs and walk off without paying).