Conviction, £274 Fine, Statutory Declaration

[onmywayout99]

Hi

In May I failed to buy a ticket on the Metro in Newcastle, I was rushing to see a relative in hospital and caught a train narrowly and chose to save 15 minutes and not buy one. My error, stupid in hindsight.

I travel 50 percent of my life and take a new flat to rent on my return usually. I went away again in early June and have been abroad since.

Thus I use my mother's address in Newcastle for post (and this fine) when I'm going away. Due to mental health issues she hasn't forwarded me any post. My ex partner at another address forwarded me a CEU enforcement letter telling me to pay £274, a single judicial procedure has occurred without any knowledge to myself. I'm lucky they sent the last post to the other address!

I couldn't get the court, police, train operator to confirm which court, whether it was criminal etc but persisted and got this from the Magistrates court

"As explained to you previously you can contact the court to make a statutory declaration on the basis that you didn’t receive your paperwork for court. Once made the decision will be set aside and adjourned for you to enter a plea."

They also stated it's a non recordable offence that only appears on enhanced DBS check.

I've paid the £274 fine within the 10 working day limit.

I really really don't want a criminal record, even if it's non recordable, spent after 1 year, etc. I may want to live in the US one day/work in sensitive jobs.

I can't make a statutory declaration over the phone. As I'm in India I'd need to go to the British Embassy in Delhi to make a Statutory Declaration. I'm quite far from Delhi.

Is it worth me making the statutory declaration? Passport stamps would pretty clearly show I couldn't have received the post. Not trying to undo the fine, just change the criminal record side.

If it is what it is, so be it, but any help appreciated. Sorry if some details lack, problem is I don't have details of letters that I never saw and getting further info is like drawing blood from a stone.

 

[KirkstallOne]

It may be worth making the declaration as you will then have a window of time in which to try to reach an out of court settlement with the rail company. You don’t need to worry about evidence you didn’t receive the original post but you do need to act promptly (as soon as you became aware of the court hearing).

If you are unable to reach an out of court settlement then there will be another court hearing and you will be convicted again (assuming you are not disputing the offence).

 

[Titfield]

Does your decision (on what action to take) turn on the time and effort of getting from where you are now to Delhi (to make the stat dec) vs the possible consequences of a non recordable offence?

Realistically that is your call and no one can advise you on that.

 

[Fawkes Cat]

You need to consider the difficulty a criminal record may cause you.

You will know whether it has any implications for your line of business, but beyond that, it seems to me
- in the UK, it's unlikely to be a problem. For most purposes the conviction will be 'spent' either immediately or after a year, and in the few cases where it remains declarable, employers etc are likely to be interested only in whether it's part of a pattern of misbehaviour or poor judgement
- outside the UK, the UK laws about the rehabilitation of offenders don't apply so you may have to continue to declare your conviction. As you have spotted, this may be an issue if you want to go to the USA. But realistically, one incident of not paying the right Metro fare is unlikely to see you barred from the USA. It might mean you can't use the visa-waiver scheme and will need to go to the embassy to apply and be interviewed in person - but I wouldn't expect this to end with you being refused a visa.

As others have said, it will have to be your decision. But I suspect that clearing the conviction may not be worth the effort.

In the meantime, you may want to check how to go about making a statutory declaration if you are in India. https://www.gov.uk/world/organisations/british-high-commission-new-delhi says

Other consular services
Notarial and documentary services
For legal reasons, we’re unable to carry out notarial acts in Commonwealth countries. This includes certifying documents as true copies of originals, administering oaths or taking affidavits. For these or other notarial acts, you should contact a local notary. A standard letter is available to confirm we do not offer these services in India. See the full list of documentary services we provide in India.

At first glance this seems to say that the High Commission won't help, but I think that it means that you can use a local notary - who are presumably easier to find than a High Commission or Deputy High Commission.

 

[Wallsendmag]

It may be worth making the declaration as you will then have a window of time in which to try to reach an out of court settlement with the rail company. You don’t need to worry about evidence you didn’t receive the original post but you do need to act promptly (as soon as you became aware of the court hearing).

If you are unable to reach an out of court settlement then there will be another court hearing and you will be convicted again (assuming you are not disputing the offence).

No Rail company involved it'll be NEXUS

 

[AlterEgo]

Essentially, the OP has paid the fine and completed their sentence, and now wants to have the conviction (for which they have been sentenced, and completed), set aside.

Is this possible?

Is an Indian solicitor practising in India, authorised under the UK's Statutory Declarations Act 1835 or Legal Services Act 2007 to hear such a declaration relating to a UK court or summons? (I suspect this is a hard no, but please correct me)

And even if so, won't NEXUS do what they usually do anyway and just prosecute again?

 

[KirkstallOne]

Essentially, the OP has paid the fine and completed their sentence, and now wants to have the conviction (for which they have been sentenced, and completed), set aside.

Is this possible?

I believe there was a recent case on the forum where someone did exactly this. I remember it because the court service refunded the fine already paid automatically. They were then able to come to an out of court settlement.

 

[Cantab26]

Essentially, the OP has paid the fine and completed their sentence, and now wants to have the conviction (for which they have been sentenced, and completed), set aside.

Is this possible?

Yes

Is an Indian solicitor practising in India, authorised under the UK's Statutory Declarations Act 1835 or Legal Services Act 2007 to hear such a declaration relating to a UK court or summons? (I suspect this is a hard no, but please correct me)

No. The way this should be dealt with (assuming that it is not reasonably possible to return to the United Kingdom to make the declaration in time) would be to procure a notarial act in India which sets out the same information as would be contained within the declaration and, in addition, when the accused will be able to make a declaration on his return.

The notarial act would then be submitted to the court and the prosecutor together with a written application under section 14(3) or section 16E(5) (as the case may be).

And even if so, won't NEXUS do what they usually do anyway and just prosecute again?

Yes, as long as the information or SJPN was laid/issued in time then the matter can be retried.