I got caught the other day beacuse I was in a hurry and didn't manage to get a ticket. I offered to pay the fine but instead they took my details and gave me a caution. Because they didn't have me arrested does this mean I will just get a fine, or will try any jail me over this petty event? They said the courts will contact me - how long does this take - it was South West Trains.
2007-02-20 06:54:42 · 6 answers · asked by carlos b 1 in Politics & Government ➔ Law Enforcement & Police
don't you read the papers the jails are somewhat full
2007-02-20 06:58:26 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I don't work for SW trains though i do work on the railway ( for several years in revenue protection) You must now be aware that to travel on a train without a valid ticket is a criminal offence. Being in a rush is not deemed to be a defence for not buying a ticket. Consequently it looks as though SW trains have reported you for the offence. If you are found guilty on magistrates court then you will be fined ( NB the maximum penalty is £1000 and 3 months in jail) . in the area i work the typical first offence fine is between £100 and £250 dependent on how the courts view it. As for it being petty if everyone who travel ed on trains has a valid ticket then the increased revenue would have negated the ticket price rise earlier this year. This is a Major problem on the railway hence all Train operation companies are clamping down on ticket less travel
2007-02-20 07:12:20 · answer #2 · answered by The Fat Controller 5 · 3⤊ 0⤋
When you were stopped if you offered payment and you were in a Penalty Fares (PF) area then they should have taken part payment towards the PF.
When you were cautioned "You do not have to say anything blah blah" this is not you being warned 'dont do the offence again' but more of 'dont lie to me, and anything you say to me Im going to write down and attempt to use it against you in a court'.
First Time offences normally work out at around Standard Single Cost Of Fare + £70 costs. If it dont go to court.
If it goes to court Cost Of Fare + Fine (around £120) + costs of £70 for each witness (i.e. the one who cautioned you).
The courts wont contact you it will be South West Trains fruad department, they dont normally take it to civil court unless they have huge evidence.
I can see that there was no intent on your part to avoid the railway fare as you offered the fare. They cant do you under Section 5 Regulation of Railways Act 1889.
Both Section 5 and Section 103(a) are summary only offences. "Intent to avoid payment" in Section 5 does not mean a dishonest intent, but an intent to avoid payment of the sum actually due.
Some reading for you.
The Railways (Penalty Fares) Regulations 1994
Section 5 Regulation of Railways Act 1889
2007-02-20 08:03:12 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The caution should mean you won't get in to any more trouble.
Forget jail, that would only apply to serial offenders, or if you do something like forge tickets.
Next time, hide in the bogs.
2007-02-20 07:08:33 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Basically, you've been officially told off for what you've done. I'd imagine, they'd keep your details on their system somewhere and if you're caught again you'll be fined. I can't see courts being involved in this process, they have more than enough to deal with.
2007-02-21 12:14:37 · answer #5 · answered by ragill_s1849 3 · 0⤊ 0⤋
If they gave you a caution, it means you won't be fined. But don't let it happen again.
2007-02-20 07:03:12 · answer #6 · answered by James Dean 5 · 1⤊ 0⤋