Notice of intention to prosecute

[cjmillsnun]

Thank you everyone for your advice.

I sent the letter to attempt to settle out of court but I received a response this morning along the lines of;

"Having considered the points you have raised I am writing to inform you this department will be going forward with the case. A summons to attend magistrates court will be sent to you in due course."

As people have mentioned, is this going to most likely be regarding the byelaws and if so does this appear as a DBS/CRB conviction?


Thank you for all of your help.

Until you see the summons, it is difficult to say.

 

[ainsworth74]

If it's byelaws then it usually isn't a recordable offence if it's Regulations of Railways Act then it is recordable offence and therefore would show up on a DBS check.

It should become clear which you are faced with once the summons arrives.

 

[DaveNewcastle]

As people have mentioned, is this going to most likely be regarding the byelaws and if so does this appear as a DBS/CRB conviction?

By reading the allegation on the letter you quoted in your frst post, it is an offence under Section 5.3 of the Regulation of Railways Act (RoRA). Unfortunately, if that prosecution is successful, then it does lead to an entry in the Police National Computer (PNC) which can appear on relevant DBS checks.

From the additional information that you have provided (and if there is no additional information which is relevant), it seems to me as if it might be more appropriate for the Company to prosecute an Offence under the Railway Byelaws, which does not lead to an entry in the PNC. But that is very much their decision and will be made by reference to the information which they have on the incident. It would certainly be difficult for you to contest either of those allegations.

It should become clear which you are faced with once the summons arrives.

I agree that it will become clear at that point. You might consider it worth instructing a solicitor to represent you if it is a RoRA Offence.

 

[najaB]

By reading the allegation on the letter you quoted in your frst post, it is an offence under Section 5.3 of the Regulation of Railways Act (RoRA).

Am I reading things wrong? The reason I ask is because

• Entering a train for the purpose of traveling without a ticket entitling travel.

sounds much more like the wording of Byelaw 18.1 than it does Section 5.3 of the RoRA.

 

[DaveNewcastle]

Yes, you're quite right, it is very close to the wording of the Byelaw 18 offence. I apologise for replying without taking proper care. While there is the possibility that the more serious Offence could be argued due to the "intent" implied by choosing to travel while being unable to pay the fare, it does look as if the Company will be considering the Byelaw Offence which does not lead to an entry in the PNC.
I apologise for my carelessness.

 

[najaB]

Not a problem at all - I was just checking that I had understood correctly. Thanks.