Court summons

[bnm]

I believe that anyone can bring a criminal prosecution. Tesco could prosecute for a theft at Asda if they wanted to, not that they'd gain much by doing so.

Just for completeness sake, only in England & Wales.

You can't mount a private prosecution in Scotland, except in some extremely narrowly defined circumstances. Just three such prosecutions north of the border in the 20th century.

 

[34D]

So if EMT prosecute and win, presumably the order for costs will favour EMT, but the fare due and the victim surcharge will be for Northern (and the fine for HM Courts & Tribunals Service)?

 

[Rich McLean]

So if EMT prosecute and win, presumably the order for costs will favour EMT, but the fare due and the victim surcharge will be for Northern (and the fine for HM Courts & Tribunals Service)?

Also, since this is EMT Prosecuting a Northern Passenger in this case, would this make EMT less likely inclined to settle out of court?

 

[bb21]

So if EMT prosecute and win, presumably the order for costs will favour EMT, but the fare due and the victim surcharge will be for Northern (and the fine for HM Courts & Tribunals Service)?

What does Northern have to do with the victim surcharge?

 

[cleggy145]

Hi guys thanks for all the advice and help, I just called the prosecution department and offered me an out of court settlement straight away without me even asking for one, it was £97.20 which covered the court costs of £95 and the original train fare of £2.20. I bit their hand off for that as I thought I could have been paying 150+ as I though they were going to also impose a fine, just going to write it off and forget about it.

 

[bb21]

Good to hear that the matter has been successfully resolved.

I am sure you will learn from this experience.

 

[maniacmartin]

This is very interesting, and raises some hypothetical questions (which the OP need not worry about)

So EMT can accept an Out of Court settlement from a passenger they caught travelling with another TOC?
I wonder what the terms of the settlement are. Does it just guarantee that EMT won't bring forward a prosecution? Or can EMT speak on behalf of other TOCs that they have an agreement with and guarantee that they too won't prosecute?

What's to stop EMT from settling, and then Northern using the evidence to bring forward a prosecution of their own ?

 

[Deerfold]

This is very interesting, and raises some hypothetical questions (which the OP need not worry about)

So EMT can accept an Out of Court settlement from a passenger they caught travelling with another TOC?
I wonder what the terms of the settlement are. Does it just guarantee that EMT won't bring forward a prosecution? Or can EMT speak on behalf of other TOCs that they have an agreement with and guarantee that they too won't prosecute?

What's to stop EMT from settling, and then Northern using the evidence to bring forward a prosecution of their own ?

Presumably if the settlement includes the fare (as it seems to) then the OP has now paid the fare due.

 

[YorkshireBear]

Trains run so regularly from Sheffield to Meadowhall i would always get a ticket.

They are upping their ticket checks out of Sheffield at the moment, it seems so anyway.

 

[34D]

Presumably if the settlement includes the fare (as it seems to) then the OP has now paid the fare due.

Past consideration is no consideration? Still guilty of a byelaw 18 offence?

maniacmartin raises an interesting point.

 

[Fare-Cop]

What does Northern have to do with the victim surcharge?

Nothing at all, Northern cannot impose it, that is a surcharge that can only be imposed if convicted & fined by a Magistrates Court.

 

[DaveNewcastle]

Indeed. Perhaps 34D assumed, from its name, that the 'Victim Surcharge' sum is paid to the commercial 'victim', i.e. normally the Prosecution. However, it is awarded to central funds which are distributed through various schemes (some are even quite worthy).

Looking at the question of double liability, then it remains technically possible for a Prosecution to e reopened with substantial, new, evidence. However, the terms of an Out of Court Settlement should include an understanding that the matter is closed and an undertaking that it will not be pursued further. We really shouldn't ecome too concerned about the inter-company prosecutions; this sort of situation can arise in all sorts of matters in which there are more than one aggrieved party : nuisance, misrepresentation, theft, criminal damage, etc. in each case a Prosecution being possible whether brought by an individual or the CPS.