What charge are you trying to avoid being convicted of, and what are the facts of the case? Yes, I know it's hypothetical but the answer may depend on the details.
Bog standard fare evasion, asked to pay and refused. Let's say there's no other evidence - provided name and address with no identification. Not an e-ticket.
Or we could spice it up a bit and make it tailgaiting through turnstiles?
I’ve been requested to attend court twice following reporting irregularities, on both occasions I haven’t had to attend by the time the date comes around as a settlement has been reached or payment made (second occasion was a UFN that hadn’t been paid but then was)
A number of my colleagues who are RPIs (I’m a guard) have had the same, oddly I was talking about this recently and in 3 years the RPI had been requested to attend more times than he could remember but only ever actually attended once and even then a settlement was reached before entering the court room
The TOC I work for books you out on duty for attending so there is little choice in the matter as you’d be in bother for not attending work on top of wasting court/prosecutions teams time
If a section 9 witness statement is served then the recipient has seven days in which to serve a notice of objection to it being admitted into evidence.
In those circumstances, the witness must attend to give evidence orally because one of the conditions required before the statement is admissible has not been satisfied. If the witness does not appear to give oral evidence - and there is no other evidence - then a submission of no case to answer should succeed.
Even if a written witness statement is admitted into evidence, there is a separate procedure to require the witness’s attendance for cross-examination. If he doesn’t show up then the court would be invited to place little or no weight on the statement.
I've been to court as a witness as a train guard. We get paid for it if it is regarding a matter at work. Refusing to attend isn't really something that comes up, it's an expectation of the job.
So if I interpret the above correctly, it would actually work. Except for the tiny detail that the TOCs actually
do send their staff to court...
I didn't have in mind staff "refusing" to turn up. More a situation where either the TOC wanted them to be doing something else, or the court date was inconvenient (e.g. they're on holiday). Or maybe they no longer worked for TOC - what's typical RPI/Guard turnover like? I had impression it was pretty low.
It also sounds like others have been trying this tactic and failing?