Please help, caught trying to dodge train fare

[Khyra]

I feel like I'm more confused than ever now.

Am I likely to pay the maximum fine of £1,000? Or is there a higher fine?
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I really would like to hear of anyone who has been in the same position as me. I read previous threads but no one actually confirmed what their end result was? Fine? Prison? Death...

 

[ainsworth74]

Death is unlikely whilst I'm sure some might like to bring back the death penalty it's not happened yet. Prison, there is a provision for it, but I've never heard about it and I'd imagine it's only used (rarely) for serial offenders (if this the tenth time you're in front of a judge for fare evasion then I suspect a prison sentence might be in the offing). Fine, maximum will be £1000 (often less) plus various other costs (I believe things like victim surcharge and court costs, but I'm not an expert).

 

[455driver]

It all depends on what the TOC decide to do which will depend on what you write in reply to the letter they will send you,
1/ Not bother, not a cat in hells chance of that happening.
2/ Out of court settlement, possible but unlikely and will allow the TOC to charge you quite a large sum, note this is not a fine.
3/ Court case using section 18 offence, quite likely as it can lead to a big fine but no criminal record.
4/ Court case using RoRa, possible as it can lead to a bigger fine and criminal record.

 

[snail]

Am I likely to pay the maximum fine of £1,000? Or is there a higher fine?

From what has been said in other threads if this is a first offence the maximum fine is unlikely. It is usually based on your income and ability to pay. If you plead guilty there is a discount of 1/3 applied to the amount.

If convicted you will pay more than the fine. There will be a victim surcharge (10%) and probably prosecution costs (£150 approx).

It all depends on how you plead and how the magistrates interpret the evidence against you.

Bottom line: just wait for the letter setting out the offence and keep your reply clear and concise.

 

[tony_mac]

The sentencing guidelines suggest a band B fine = approximately 1 week's income.

http://sentencingcouncil.judiciary.gov.uk/docs/web_sentencing_for_fraud_statutory_offences.pdf

 

[455driver]

Train fares are seen (by some) to be a game, avoid the fare and save a bit of money and get the "feel good" factor of "getting one over" on the nasty (rich) TOC. Get caught and suddenly "the game" doesnt look to be so much fun.

I enjoy driving and riding fast (CBR900R 918cc, I dont like the look of the new ones but my old bones are telling me I am getting a bit old for it ) and so do a few track days to get it out of my system, if I was to do those sort of speeds on the public roads it would be even more fun because its a bit naughty (and cheaper) but as there are consequences if I was to get caught I dont, its those consequences that stop me, maybe the OP should have thought about the consequences before deliberately committing fraud?

You do the crime, you do the time.

Edit-
You were not caught trying to dodge the train fare, you did dodge the train fare and were caught.

 

[Draconian]

What ainsworth74 says is correct, I would write up and submit reports to prosecutions by the shifts end. After this point I would have no further dealings in the matter unless I was summoned to give evidence in court (should things go that far). I would seriously suggest against approaching the inspector about the incident otherwise they may just submit a further witness statement and report that you have tried to interfere in the proceedings, which would not go down well in court.

Where were you based...? I doubt very much if the report would be written up on the day and even if it was it would most likely be sitting in a large pile of date order others.

Just wait and you will get your chance to respond to any communication.