The original thread was about misuse of a tfl card I believeI missed the origins of this split thread, but seems to me a byelaw conviction, which is the vast majority of convictions we see, cannot accurately be described as either fare evasion nor an offence of dishonesty.
Of course if and when disclosed the applicant should be prepared to admit the full facts of the case, as we know, many such convictions do arise from dishonest intentions.
The reality is none of those circumstances would ordinarily result in a conviction though. The only way it would is if the person was non-cooperative or deceitful in their response.
In all cases it's going to depend on context though. The SRA may strike off a solicitor when they intentionally evade 83% of their fares for 3 months (article linked further up thread), but I imagine they wouldn't go that far for someone who used their Railcard for 3 days not realising it had expired (though they may doubt the solicitor's ability if they don't manage to get an out of court settlement from the TOC for that!)
Putting aside the SHOUTING, is there a more concise way of describing what you're disagreeing with in the comment you quoted?It wouldn't be a question of strike-off for a 20 year old.
There are no 20-year-old solicitors - you need a degree and further exams/education beyond that, then 2 years of experience.
After meeting these requirements you'd apply and would have to disclose the conviction, be it Byelaws, Regulations, or RoRA.
This is a question of "character & suitability", and it's likely that the level of misbehaviour to result in an "unsuitable" decision would be lower than that necessary for strike off.
Here's a case of Babatunde Adegboyega Taiwo, working for TFL:
used a PRIV card for commuting - dishonest as he knew he was not allowed to do so
he altered a dependant card mistakenly issued in his name - again dishonest
Here the SDT's findings were https://solicitorstribunal.org.uk/wp-content/uploads/2023/10/11836.2018.Taiwo_.pdf:
1) he was dishonest, within the legal meaning of the word - "By the standards of ordinary decent people"
2) he had departed from the complete integrity expected of a solicitor to a considerable extent
3) "the most serious misconduct involves dishonesty, whether or not leading to criminal penalties. A finding that an allegation of dishonesty has been proved will almost invariably lead to striking off, save in exceptional circumstances".
The question of dishonesty is an objective one - is it dishonest to use your railcard for a month after it's expired. No, it's careless.
Is it dishonest to ONCE go through the gates at a station because they are open, evading a £2.50 fare - clearly yes.
Obviously in the latter case a hypothetical evader might seek to say that they did in fact tap in, and it might be difficult to PROVE dishonesty.
If dishonesty is proven, the "exceptional circumstances" comes into play
See https://www.kingsleynapley.co.uk/in...-case-law-review-of-exceptional-circumstances
"…at the heart of any assessment of whether there are exceptional circumstances, and the factor which is bound to carry the most significant weight in that assessment is an understanding of the degree of culpability and the extent of the dishonesty which occurred."
Some cases are given which do not relate to rail fares.
Instead three cases where exceptional circumstances saved the day:
1) "the two incidents of dishonesty [work-related] took place within 40 minutes of each other, a much shorter duration than had occurred in James. Further, it said, “whilst inevitably a serious matter, the dishonest account was not sustained and could not be described as calculated”". The solicitor also pleaded mental health issues.
2) a solicitor dishonestly amended client emails, however " this had been a fleeting or momentary lapse of judgement which had lasted a very brief period of time before discovery and also noted that the Respondent had promptly self-reported the incident. On that basis, this case was distinct from other cases of dishonesty in which hours, days and weeks had gone by before the dishonesty had come to light."
3) a solicitor was sacked for gross misconduct and then lied on his CV and to employers about this. "The Tribunal found that while the dishonesty was deliberate, it was not planned or calculated. As to scope, the dishonest conduct spanned two occasions, being the two interviews, though the Tribunal noted it related to one and the same misleading answer in each interview. Further, it noted the dishonesty related to two linked incidents, which though separated by one week, each lasted “a matter of seconds”. "
Again, this relates to strike off, which should carry a higher bar than refusal of entry (I am not sure if this strike off under 'property' for ECHR purposes - in general permits are considered property, and therefore they are protected under human rights law, whereas if you have no permit yet, there is no such protection).
There is an ancillary point here, which is:
1) a Byelaw conviction is a criminal conviction, and must be disclosed. It is not inherently a finding of dishonesty, though the SRA would certainly address whether there is any dishonesty.
2) the SRA requires disclosure of all relevant matters relating to dishonesty &c. It's not completely clear what is considered relevant - they have a list https://www.sra.org.uk/become-solic...ility/disclosing-character-suitability-issue/ including financial, educational, disciplinary issues at work
3) if they found out about a settlement for fare evasion, they would address any dishonesty - above TFL told them about the non-criminal proceedings. Obviously some non-judicial processes are more formal than others, but e.g., employers are supposed to go through formal, legally regulated, procedures, so findings from employment misconduct/dismissal need to be disclosed
4) many of the letters sent out following advice from here make full, frank, and on the record admissions of dishonesty.
5) if a TOC has investigated, and the passenger has made such admissions, then this does seem like something that SHOULD BE disclosed when applying.
Obviously a byelaw conviction is DEFINITELY disclosable, whereas an out-of-court settlement is only probably disclosable, and if you did not disclose your settlement, then
a) you're less likely to be found out than for a court conviction (although I think there are cases where settlements have leaked?)
b) you would have some plausible deniability that you didn't think you needed to.
I’m not sure all of RoRA requires intent. 5(3) does certainly. 5(1) doesn’t seem to.
Putting aside the SHOUTING, is there a more concise way of describing what you're disagreeing with in the comment you quoted?
None of this seems to contradict earlier statements.
The article linked further up thread wasn't of a 20 year old. It was a (newly qualified) qualified solicitor: https://www.lawsociety.org.uk/topic...honesty-solicitor-struck-off-for-fare-evasionMens rea is implied
"the established common law assumption that a mental element, traditionally labelled mens rea, is an essential ingredient unless Parliament has indicated a contrary intention either expressly or by necessary implication. The common law presumes that, unless Parliament has indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence"
mens rea can be recklessness or intent.
So 5(1) requires
1) failure to produce ticket AND
2) failure to pay fare AND
3) failure to give name and address
The third failure would require either specific or basic intent (intent or recklessness) - e.g., if you have drunk 15 pints of beer and cannot remember your address then this is considered a defence to specific intent not to basic intent.
My understanding is that absent specific wording, recklessness would be sufficient, so said drunken passenger would be guilty under 5(1) and does have basic intent in law.
OTOH, a passenger who is unable to give their name and address because they are taken ill, etc., would not have the mens rea, and would be not guilty.
== Doublepost prevention - post automatically merged: ==
Firstly, my use of capitals is simple emphasis, not shouting.
Also this is a discussion forum - replies do not imply disagreement.
Given that the thread is about a 20-year-old accused of using her brother's 16+ Oyster "for a few days", I wanted to clarify your example of "The SRA may strike off a solicitor when they intentionally evade 83% of their fares for 3 months (article linked further up thread), but I imagine they wouldn't go that far for someone who used their Railcard for 3 days not realising it had expired" to make it clear that
I fail to believe that the SRA wouldn't consider the scale of dishonesty or indeed any other circumstances surrounding the event. It matters that cases are considered case by case. It is much easier to show 83% of journeys made over a 3 month period while experiencing financial difficulty is dishonest, compared to say a single time offence where some other excuse may come up.1) the intentional evasion is dishonesty, which is the serious issue, whereas your "83%, 3 months, 3 days" points are minor details
2) while minor details, they are still relevant, and determining whether they could save the OP from the, by default, fatal, dishonesty, is a complex matter (hence the length of my post)
Are you perhaps confusing the OP of this thread with the OP of a different one? This thread isn't specific to a particular case - that discussion is really best in the original thread with that OOP, who may benefit from specific advice.3) the OP could not be struck off, since she is not a solicitor - she could however seek to apply to become one, whereupon the level of dishonesty resulting in refusal is likely to be lower than that applying to someone who is already a solicitor
The article linked further up thread wasn't of a 20 year old. It was a (newly qualified) qualified solicitor: https://www.lawsociety.org.uk/topic...honesty-solicitor-struck-off-for-fare-evasion
I fail to believe that the SRA wouldn't consider the scale of dishonesty or indeed any other circumstances surrounding the event. It matters that cases are considered case by case. It is much easier to show 83% of journeys made over a 3 month period while experiencing financial difficulty is dishonest, compared to say a single time offence where some other excuse may come up.
Are you perhaps confusing the OP of this thread with the OP of a different one? This thread isn't specific to a particular case - that discussion is really best in the original thread with that OOP, who may benefit from specific advice.
And I said that as well, all the way back in post 7.You said they only need a standard DBS check.
However the DBS check they need is irrelevant as they are still required to disclose these convictions.
I politely request you to retract your unfair assertion that I have been "dangerously misleading".A conviction for a railway offence isn't going to ruin, or even much affect, someone applying for an entry-level financial services role, even if unspent as long as they declare it at the appropriate time.
Form some roles like FCA regulated financial services roles, a single, even relatively small, intentional ticket evasion may cause issues, because it likely points to a combination of dishonesty and financial difficulty. Employers and the regulator won't want the risk of that person committing other types of fraud if their personal finances struggle again.
This somewhat alludes to the problem with strict liability offences for things like rail ticketing though. We all know how messy the ticketing system can be. If a passenger was prosecuted under the Fraud Act, the prosecution would need to show intent, but in the case of the bylaws, this isn't needed.
While I don't condone fare evasion, I think having it as a strict liability offence, and leaving the prosecution up to the wild west of whatever TOCs decide to do, is not a great system.
But in general yes, even regulated industries are somewhat forgiving. And frankly if you work in financial services at a senior level, or are a solicitor, barrister, judge, etc; then you know the score and if you intentionally evade fares I don't think it's unreasonable to lose your job. If it's accidental, like a routing issue or a Railcard which expired a few days ago, that's different and why they shouldn't be strict liability.
Christian Waters empathises with those people prosecuted for alleged rail ticket dodging. He had his own legal battle with Northern Trains – over a £3.50 fare.
Back in 2022, Mr Waters tried to buy a ticket to Leeds but found the machine at Kirkstall Forge station in Yorkshire was not working. There was no guard on the train so he went to the excess fare window at his destination.
He was pulled aside by revenue inspectors, who handed him a penalty fare notice. He refused to pay and appealed but that was rejected.
Mr Waters then received a series of letters with escalating demands adding costs. Eventually, he received notice of a single justice procedure and he pleaded not guilty.
No offence is committed by boarding a train without a ticket when there are no operative ticketing facilities.You get TOCs selectively enforcing laws and being opaque about how they deal each passenger and you also get people accidentally committing the offence each time they find their local station ticket machine broken and decide to travel anyway.
No offence is committed by boarding a train without a ticket when there are no operative ticketing facilities,
It is correct that a defendant wishing to rely on the defence of no operative ticketing facilities may be required to prove this on the balance of probabilities. Proof can very easily be gathered such as by snapping a quick photo on one's phone.True. But isn't it the presumption that ticket facilities are always working and the defendent's responsibility to provide evidence to the contrary?
I think this is far from true. Motoring offences are criminal offences and are far more likely to affect the man on the Clapham omnibus. This will both be in terms of the effect on their employment and the indirect cost to them in terms of insurance premiums. Many of these offences are strict liability offences as well.If you were to ask me which offence in England & Wales is ... most likely to affect a man on the Clapham omnibus, I would say this is it.
It is correct that a defendant wishing to rely on the defence of no operative ticketing facilities may be required to prove this on the balance of probabilities. Proof can very easily be gathered such as by snapping a quick photo on one's phone.
I know that we don't see a representative sample of cases on this forum, and even if we did we may not see enough to be statistically significant. But I don't recall seeing many (if any) cases of people being penalised because the ticket machine wasn't working.That depends.
Putting the assumption that every passengers carries a smartphone aside, demonstrating an apparently functional but unresponsive machine requires more than a quick snap.
Didnt we have a spate of Merseyrail cases re ticket machine issues a few months ago?I know that we don't see a representative sample of cases on this forum, and even if we did we may not see enough to be statistically significant. But I don't recall seeing many (if any) cases of people being penalised because the ticket machine wasn't working.
So at this point, we seem to be worrying about a non-problem.
Fair point.Didnt we have a spate of Merseyrail cases re ticket machine issues a few months ago?
Reminds me of the infamous Stonegate fare dodge, the offender paid £42k out of court settlement, although he wasn't a solicitor he was a hedge fund manager, he ended up getting named & shamed, & got the sack from his work, think he got a ban from his profession too.mods note - split from this thread
it depends on future career.
A 20 year old using a ticket they are not entitled to is clearly dishonest, and it would have a serious impact on a career in the law - there are a number of examples of solicitors or would-be solicitors being struck off for this reason.
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A question of honesty: solicitor struck off for fare evasion
Paul Bennett considers a real case in which a solicitor appeared at the Solicitors Disciplinary Tribunal for misconduct committed in their private life.www.lawsociety.org.uk
Reminds me of the infamous Stonegate fare dodge, the offender paid £42k out of court settlement, although he wasn't a solicitor he was a hedge fund manager, he ended up getting named & shamed, & got the sack from his work, think he got a ban from his profession too.
Well yeah, but he evaded tens of thousands in fares. That's different to one off evasion. As also stated above it's more likely to be an issue whilst you're practising in these fields - it's one thing to cock up when you're younger and then become a lawyer, person in finance, nurse, whatever. Different to do so whilst in the role with the additional social responsibility.Reminds me of the infamous Stonegate fare dodge, the offender paid £42k out of court settlement, although he wasn't a solicitor he was a hedge fund manager, he ended up getting named & shamed, & got the sack from his work, think he got a ban from his profession too.
I think this is far from true. Motoring offences are criminal offences and are far more likely to affect the man on the Clapham omnibus. This will both be in terms of the effect on their employment and the indirect cost to them in terms of insurance premiums. Many of these offences are strict liability offences as well.
The 'normal' cap for speed awareness courses is 10%+9mph over the limit, so 70mph in a 50mph area usually wouldn't result in a course. It's discretion however so no doubt there will be cases of courses being offered in such scenarios.OTOH there doesn't seem any compelling reason that losing your train ticket should be treated more seriously than, say, doing 70 in a 50mph zone, which could kill someone.