It is very unlikely you will be sent to prison. It is still possible that the TOC (train operating company) may still make an offer of an out-of-court settlement, though they may just prosecute you in court. A court prosecution is unlikely to result in prison time, a fine (+ a conviction) is the likely result, assuming you are found guilty.
It would be helpful to any other posters who wish to offer you advice if you gave details like the TOC(s) concerned. You may wish to look at
this page for advice about what information might be helpful, though you should avoid posting any information that will identify you, or potentially incriminate you any further.
Have you been issued with any paperwork yet? Have you received a letter from the TOC (or a company writing/investigating on their behalf)?
Here is some advice from a frequent poster (
@Hadders), which offers some advice (though it is not specific to your situation, I've edited it slightly):
Welcome to the forum.
Below is the advice I normally give to people who have been caught in similar circumstances and who post here seeking advice. If the ticket inspector took your details when he confiscated your railcard then it's almost certain that the matter will be followed up. If your details weren't taken it's possible that the rail company could obtain your details from the expired railcard, as you would have had to give your details when it was purchased, so if your details weren't taken I wouldn't yet say the matter won't be perused.
If the matter is perused pursued you are likely to receive a letter from the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:
- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter
Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this, and the train company is within their rights to prosecute you in the magistrates court, however harsh this may seem.
If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be around a hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.