Possible I go to Prison?

[Squaddie]

Hope all goes well but woe betide if you fail to pay your TV Licence...now that is a prisonable offence.

No, it isn't. You can only be fined for failing to pay your TV licence. (But congratulations for managing to get a moan about the TV licence into a completely unrelated thread. What would any internet forum be without one?)

 

[First class]

I don't know what figures people are looking at, but Merseyrail have had at least 3 people imprisoned over the last year for PERSISTENT fare evasion... (Sentences ranged from 1-3 months).

 

[Ferret]

I don't know what figures people are looking at, but Merseyrail have had at least 3 people imprisoned over the last year for PERSISTENT fare evasion... (Sentences ranged from 1-3 months).

http://www.yorkpress.co.uk/news/3187644.Free_rides_scam_of_York_teenager/

 

[Mr Spock]

Let the law handle this, there is no need for you to stick your boot in too. He has admitted his error.

Please can I advise you in future (consider this a final warning if you like) NOT to post in the Fares and Ticketing section again UNLESS you are providing constructive advice. Yes, you can post opinions on this forum (providing you stick to the forum rules) but this specific section is specifically for advice. If you don't want to post advice, that's fine, don't post.

Although I might not agree with what was posted I think he had the right to say it.

In your frequent posts on these subjects you often severely criticise Toc's, RPI's, Gurads etc. about the way they go about their business and this is usually based on hearsay as it is always "I have heard about (insert who you are criticising)"

Presumably this is ok to have a go at these people if you give a bit of advice at the same time.

 

[scotsman]

I seriously doubt it, any judge worth his salt will see you get a short, sharp shock when he see's you were convicted once 15 years ago and will want to see you don't try it again.

You can expect a hefty fine to say the least.

 

[nedchester]

I seriously doubt it, any judge worth his salt will see you get a short, sharp shock when he see's you were convicted once 15 years ago and will want to see you don't try it again.

You can expect a hefty fine to say the least.

Won't the 15 year old conviction be deleted from the slate by now???

 

[First class]

Won't the 15 year old conviction be deleted from the slate by now???

It is considered 'spent' in many professions, however, some jobs (security, police, care etc) require you to still declare it.

No conviction is ever 'deleted'. You just needn't always declare it under the Rehabilitation of Offenders Act.

A fine of between £500 and £750 will be in order for the OP, perhaps more towards £750 for giving requesting a 'short fare'. A criminal record will also be given for the following offences:

Regulation of Railways 1889 (intent to avoid payment)

Travelling or attempting to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof...

Fraud Act 2006 (offering a short fare)

a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and:
(b)intends, by failing to disclose the information—
(i)to make a gain for himself

 

[starman20]

cheers for the replys guys,good and bad

Im sending the letter off today,will post back and let you how I got on.
Why didnt I just buy the £2 ticket from the station like I always have?
Im such a idiot,I dont know maybe the convience of trains that arrive right away could be a problem.

Oh well,we live and learn in life dont we!!

 

[yorkie]

Although I might not agree with what was posted I think he had the right to say it.

He has the right to say it. He doesn't have the right to say it on this forum.

In your frequent posts on these subjects you often severely criticise Toc's, RPI's, Gurads etc. about the way they go about their business and this is usually based on hearsay as it is always "I have heard about (insert who you are criticising)"

Presumably this is ok to have a go at these people if you give a bit of advice at the same time.

Rather than have a general rant, please PM me with specific examples. Thanks

My post was made because I've had several people tell me they are upset at the way that new members of this forum are sometimes treated by a small minority of members. When someone joins here asking for advice, if you don't feel they deserve advice, then fine, but it's not right to immediately go into a rant criticising their choice. We've had several people hold their hands up and admit they did wrong, they want to know where to go from there, not be told what they already know about how naughty they've been.

If you have a problem with what I've said, contact the Admins.

 

[Oracle]

The Rehabilitation of Offenders Act 1974 does indeed provide that convictions are 'spent' after a certain time, depending on the sentence: up to 2 1/2 years becomes spent after 10 years. The Rehanilitation of Offenders Act (Exemption) Order 1975 provides that in certain cases nominated as it were the Secretary of State, offences must be declared. That includes those working with children.

However, it seems that offences under 16, possibly 18, may be deleted as a result of recent cases.

The problem arises when you want to go to the USA, Canada, Australia et al as convictions mean that you may be excluded.

 

[First class]

Any offence that is fraud related is going to make life very difficult for you in future.

To answer the OPs question - you could go to prison, although it is unlikely. You WILL, however, be convicted of a fraud and fined heavily and made to pay a token gesture of compensation to the TOC (usually the fare you should have paid).

This can be accompanied with things like banning orders, ASBOs etc... depends on your attitude:

a) when stopped at the time
b) previously - any previous dubious involvement with the railway
c) in court - how you appear to the magistrate
d) when communicating with the TOC/their lawyers - whether you are remorseful

If you gave correct details first time of asking, then as I've said before, expect a fine over £500-£1000.

If you, in addition to committing the original offences, gave FALSE details or MISLEADING details then you may find you are fined over £1000 (multiple offences) and given some sort of community order.

Travelling outside of the European Area may also become difficult, if impossible.

 

[nedchester]

cheers for the replys guys,good and bad

Im sending the letter off today,will post back and let you how I got on.
Why didnt I just buy the £2 ticket from the station like I always have?
Im such a idiot,I dont know maybe the convience of trains that arrive right away could be a problem.

Oh well,we live and learn in life dont we!!

Do let us know how you get on.

 

[scrapy]

May I suggest the OP takes proper legal advice. I was recently involved in a case where a TOC was prosecuting for fare evasion. The defendant based his whole legal arguement on advice given on an internet forum (not this one). He had even printed out the advice and attempted to use it as evidence. Some of this advice was similar to that posted on this forum. The magistrates were not impressed. The defendant was found guilty and recieved a hefty fine.

In my opinion the likely sentance if the OP is found guilty for a first offence would be a fine of £50 to £300 (dependant on earnings)plus costs and compensation (generally £100 + the fare avoided). The penalty notice recieved 15 years ago (assuming it was a penalty fare) will not count against you. This was simply a civil debt and not a conviction, although it probably wouldn't do you any favours if you mention it to a court.

 

[Oracle]

Don't ever mention any previous indescretions. Especially in court.

The rehabilitation period after a fine is 5 years under the RHA. However for a young offender (under 18) the rehabilitation period is generally half that for adults. So 2 1/2 years + and you can legally lie about any conviction/fine.