As mentioned earlier in my post #12
Here is some information posted on another thread which will help you know what to expect at a court appearance - the work of other helpful and knowledgeable forum members I should add! :
When attending court, you should bring with you copies of all paperwork you have received, and a form MC100 income and expenditure form. If there is anything on paper that you will want to give the court, such as a statement, you must have
six copies of each document:
- Three for the magistrates
- one for the legal advisor
- one for the prosecution
- one for yourself
It is strongly recommended to dress formally. Where possible, gentlemen should wear a dark suit, tie, and formal shoes, and ladies should wear a suit with jacket, a formal top and skirt/trousers, or a dress, nothing too revealing, formal shoes and tights or similar should be worn. Jeans, trainers, open-toed shoes, anything bright, gaudy, or with slogans of any sort should be avoided.
At the court, you should make sure to arrive in good time before the time indicated on your summons. You will need to pass through security checks, which will typically include a walk-through metal detector and a bag search. Certain items are prohibited – check the Courts Service website.
Most courthouses have a number of courtrooms. You will need to check a noticeboard to see which courtroom your case has been assigned to. Staff can point this out. Speak to staff to identify yourself as a defendant.
You will probably have a fair bit of waiting around to do. Bring a book/magazine. You can use your phone whilst waiting in the court building but it should be on silent/do not disturb when in the court room itself.
When you are called into the courtroom, staff will indicate where you need to go. Do not sit down until invited to do so. You will likely have three magistrates sitting at the back on the highest level, with a legal adviser in front of them. (It's possible but unlikely that these four will be replaced by a single district judge.) Towards the centre of the court will be one or more prosecutors – solicitors representing TfL.
The legal adviser will ask you to confirm your personal details (name/address/DOB) and from there they will step you through what needs to be done – you'll likely be asked to confirm your guilty plea and then explain your mitigation. Mitigation means the reasons you are saying the court should punish you less harshly, or not at all.
After that, it could go off in several different directions, so I can't predict beyond there, all I can do is remind you that the court understands that their process is unfamiliar and will be happy for you to ask clarifying questions if you are unsure about anything. If you end up with a fine, you'll be asked if you can pay it right away (which really means within 28 days) or if you need to pay in instalments; they'll usually want it paying within 12 months. A letter will be sent to you with instructions on how to pay online, over the phone, or with a barcode at a "Paypoint" (convenience store).
Finally, don't be tempted to call anyone "your Honour" – that phrase isn't used at Magistrates Court. The magistrates collectively are addressed as "your Worships". Anyone else, including magistrates individually, should be addressed as "sir" or "madam" (not "ma'am").
and also this might apply
Court Fines Formula
The Magistrates Courts will
typically deal with an offender convicted under byelaw 18 by way of a "band A fine".
The amount of a "band A fine" is:
- 50% of one week's wages, with a maximum fine of £1,000, if the offender has a job and has declared their income on the court paperwork;
- £60, if the offender is a student, or on benefits; or
- £220, if the offender has not engaged with the court case or provided the necessary information.
The fine would then be adjusted downwards if the offender had pleaded guilty, with a reduction of one-third for a plea at the first opportunity, tapering down to one-tenth for a plea at the start of a trial.
There are also three more amounts to pay:
- A victim surcharge, which is 40% of the fine
- Compensation for the unpaid fare
- The prosecution costs
The amount being claiming for the latter two items should be on your SJP paperwork, but the costs may increase if there has to be a hearing in court.
I say "typically" above for two reasons:
- There is no entry in the sentencing guidelines for Railway Byelaw offences. This is unfortunate, as they occur very frequently indeed. The court will usually use the section 5 (1) Regulation of Railways Act guideline instead.
- The court is not rigidly bound to follow sentencing guidelines, and it can raise or lower the punishment due to the specific facts of any individual case.
A fines calculator is at
https://sentencingcouncil.org.uk/fine-calculator/
also
This thread is useful because the person concerned posted after the event about their experience in court:
https://www.railforums.co.uk/threads/freedom-pass-misuse-requisition-to-attend-court.297308/page-2