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Prosecution
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Flamingo
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Read this thread first, it'll tell you what people need to know before they can try to assist
http://www.railforums.co.uk/showthread.php?t=77759
http://www.railforums.co.uk/showthread.php?t=77759
bb21
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We cannot offer any useful advice without any details of your case, so you might wish to be a bit more specific about what happened. Until then, can I ask that members refrain from speculation please.
DaveNewcastle
Established Member
In a prosecution where there is evidence of changing a ticket in an attempt to authorise repeated travel, then the claim against the passenger is likely to be one of Fraud.
I have been involved in such cases which have been settled administratively, but not without a lot of time and effort (and of course, cost), for both parties.
When you do come back to assist us with the additional information that applies to your circumstances, it would be helpful to clarify the jurisdiction (England & Wales or Scotland), the Offence, and the extent of the alledged travel history. Thanks.
Hi
I was travelling between two stations, I had just finished my first year of university and low on funds for several reasons. Firstly student life is hard financially anyway and with family problems at home I was sending a lot of the little money I had to mum through my loan or wages. but anyway coming home I needed a travel pass to use whilst I was home for summer. I was really low on money so I cut numbers from my old passes and stuck them on my old passes on top of the date. I think the date was extended by another week or two I was caught on the train and my details taken by the inspector. I received a letter from northern rail asking to give my story I explained and pleaded with them not to prosecute and I'll pay any fines but I received a summons few weeks later for fare evasion and tempering/altering tickets.
you say these cases have been settled administratively, do you know of any method that could be of use to me ?
I have pleaded guilty but am appearing in court but if anyone has another suggestion as to how I could find a route to settling this out of court I would be grateful.
also does anyone know of the consequences of a case like this
I was travelling between two stations, I had just finished my first year of university and low on funds for several reasons. Firstly student life is hard financially anyway and with family problems at home I was sending a lot of the little money I had to mum through my loan or wages. but anyway coming home I needed a travel pass to use whilst I was home for summer. I was really low on money so I cut numbers from my old passes and stuck them on my old passes on top of the date. I think the date was extended by another week or two I was caught on the train and my details taken by the inspector. I received a letter from northern rail asking to give my story I explained and pleaded with them not to prosecute and I'll pay any fines but I received a summons few weeks later for fare evasion and tempering/altering tickets.
you say these cases have been settled administratively, do you know of any method that could be of use to me ?
I have pleaded guilty but am appearing in court but if anyone has another suggestion as to how I could find a route to settling this out of court I would be grateful.
also does anyone know of the consequences of a case like this
apologies if I have already sent this but unsure if it went through
I had just finished my first year at university so was low on money for several reasons. student life is difficult financially ( I know that is not an excuse) but with no support from my parents it was even more difficult. I had to send the little money I had to my newly made single-mother to help support my two brothers either from my student loan or from my work wages which I did 3.5 hours a week at the time. During the summer I couldn't afford my travel pass to travel around or go to work so I cut and paste dates from my old passes and stuck them on to change the date. i think it was extended about a week or two longer into I could afford a new one. I was caught by an inspector and i co operated and gave my details and told id hear from them. I got a letter asking to explain the events and I did explaining my circumstsnces and pleading not to prosecute me and willing to pay any fines. I received a summons for 3 chsrges, fare evasion, altering and tampering a ticket and giving my wrong details. I plead guilty to the first two charges but not giving the wrong details as I handed over my driving license to the inspector which had my address on so now I have to appear in court jan 10th.
As DaveNewcastle you have dealt with similar cases I was wondering of you have any advise on how to somehow get this dealt with out of court and such a short notice and a busy period ?
also if anyone else knows of the consequences of similar cases ?
I know what I did was wrong and I'm not looking for sympathy or any grievances just would like some help and any advice. Thanks
bb21
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If they confiscated your altered ticket and were going to present it as evidence then I think you would highly likely be convicted of the first two offences. Do you know which legislation they are prosecuting you under?
DaveNewcastle
Established Member
It would be helpful if you could answer the questions we've already asked you, please. You have only hinted that the jurisdiction is England & Wales. We also need to know if you have any previous convictions.
As you have given a guilty plea already, then much of the room for negotiation has been given up, so I see little opportunity for an agreement which avoids prosecution. It's possible that a lawyer representing you will be able to agree a settlement, perhaps at the last minute, but more likely they will not, and can only give the mitigating grounds about lack of money to try to minimise the sentence; however I have to say that I don't expect that will be very helpful either, as it will be clear to the Court that someone without money shouldn't use services that cost money. Attempting to defraud a Company is a serious offence - if it is an Offence under the Fraud Act that you have admited - carrying the potential for 6months imprisonment. In mitigation this can be averted and a fine or community order imposed.
I assume that you have made no 'restitution' (i.e. repayment of the monies you have deprived Northern Rail). If you had, this can reduce a sentence under the Fraud Act.
An Offence under the Railways legislation will probably carry only a fine in your case, though you will still be expected to compensate the Company for the loss of revenue.
Now, please give us the details.
As you have given a guilty plea already, then much of the room for negotiation has been given up, so I see little opportunity for an agreement which avoids prosecution. It's possible that a lawyer representing you will be able to agree a settlement, perhaps at the last minute, but more likely they will not, and can only give the mitigating grounds about lack of money to try to minimise the sentence; however I have to say that I don't expect that will be very helpful either, as it will be clear to the Court that someone without money shouldn't use services that cost money. Attempting to defraud a Company is a serious offence - if it is an Offence under the Fraud Act that you have admited - carrying the potential for 6months imprisonment. In mitigation this can be averted and a fine or community order imposed.
I assume that you have made no 'restitution' (i.e. repayment of the monies you have deprived Northern Rail). If you had, this can reduce a sentence under the Fraud Act.
An Offence under the Railways legislation will probably carry only a fine in your case, though you will still be expected to compensate the Company for the loss of revenue.
Now, please give us the details.
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