Explaining 6 months expiration?

[chilhelp2025]

Hello,

I have seen a number of posts detailing that the train company has a maximum of 6 months if they intend to prosecute. Please can someone explain what this means and where this comes from?

The offence is over 7 months ago and email communication response to the letter with the train company is almost 5 months ago?

 

[Elecman]

The train company has 6 calendar months from the date the offence was committed to lodge the prosecution papers with the Court. If they fail then they are barred from bringing a Criminal prosecution

 

[30907]

Hello,

I have seen a number of posts detailing that the train company has a maximum of 6 months if they intend to prosecute. Please can someone explain what this means and where this comes from?

It's the law of the land: with many minor offences, such as those under the Railway Byelaws, a prosecution must be begun within that short period.

 

[tatitiliti]

The train company has 6 calendar months from the date the offence was committed to lodge the prosecution papers with the Court. If they fail then they are barred from bringing a Criminal prosecution

Well, barred from bringing a criminal prosecution under RoRA anyway. I believe Statute of Limitations for Fraud Act is six years in most cases?

 

[chilhelp2025]

Thank you for your replies. My next question would be what now? If Chiltern have not replied to my initial email despite saying they would do within 90 days what should I expect?

 

[Cantab26]

Well, barred from bringing a criminal prosecution under RoRA anyway. I believe Statute of Limitations for Fraud Act is six years in most cases?

There is no time limit for the commencement of a prosecution in respect of any offence under the Fraud Act 2006.

 

[MrJeeves]

Thank you for your replies. My next question would be what now? If Chiltern have not replied to my initial email despite saying they would do within 90 days what should I expect?

I'm aware that almost all Chiltern cases are broadly on hold at the moment, due to issues raised across the industry regarding the use of lay prosecutors (effectively people without formal legal qualifications) to bring cases.

It's very unlikely you will be prosecuted, but we have seen TOCs like GWR persue the costs via civil courts and I would not be surprised if that will also happen with Chiltern.

 

[AlterEgo]

Well, barred from bringing a criminal prosecution under RoRA anyway. I believe Statute of Limitations for Fraud Act is six years in most cases?

It is unlimited.

 

[WesternLancer]

Thank you for your replies. My next question would be what now? If Chiltern have not replied to my initial email despite saying they would do within 90 days what should I expect?

Basically don’t do anything. If they reply to you then check what your options are here and weigh up the pros and cons of those options I guess.

 

[chilhelp2025]

Thank you all, appreciate the fast replies. Will be interesting to see the outcome of the lay prosecutors discussions.

 

[island]

I have seen a number of posts detailing that the train company has a maximum of 6 months if they intend to prosecute. Please can someone explain what this means and where this comes from?

The offence is over 7 months ago and email communication response to the letter with the train company is almost 5 months ago?

It comes from section 127 of the Magistrates Court Act 1980.

A prosecution for a summary-only offence must be commenced no later than six months after the date of the offence. (There are some offences with longer limits, but none of any relevance to this discussion.)

The various railway ticketing offences are subject to this limit. If a railway company was to prosecute for fraud by false representation, there would not be a time limit, but it is all but unknown for a railway company to do this.