Anonymous,

I'm afraid I have nothing to add about whether you might be prosecuted but I do know quite a bit about criminal records and future employment.

Firstly, if the case goes to magistrates court and if you are found guilty then yes you will have a criminal record. There's really no 'ifs and buts' about that. More relevant is what the consequences might be for you and if/when it becomes 'spent'.

Within the UK the Rehabilitation of Offenders Act will apply and for most employment occupations if the penalty was only a fine it is spent after 12 months. After that it does not have to be disclosed to an employer (or in other situations such as insurance policy questionnaires for example). It is legally as if it did not exist. It isn't erased from the Police National Computer though and I think (although I'm not sure about this) that it could still be referred to if you were convicted in the future for another offence.

There are some occupations - known as Exceptions - where the Rehabilitation of Offenders Act does not apply and the conviction does not become spent. Healthcare and law as has been mentioned, but also any employment in schools or in regulated financial services industries. More detail on link below. Until recently you had to disclose all convictions however old. However, the rules changed last year and they introduced what they call "filtering rules". In practice that means that minor convictions do become spent in these 'Excepted occupations' but it takes longer. 11 years for a fine. In my day job I recruit teachers in schools and it isn't unusual for applicants to have minor convictions. It doesn't mean we won't employ them - there's no automatic bar.

Good summary from the government here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf

I actually think that the biggest potential consequence of a fine in your circumstances would be on the ability to get insurance. Applying for household insurance you will routinely be asked if anyone living in the household has a criminal conviction and if the answer is 'Yes', for something insurers consider to be dishonesty, they frequently refuse cover. The question insurers ask about convictions is pretty misleading because I've never yet seen one that makes clear that they are only asking about UNSPENT convictions. But that is all they can ask about.

Be aware that the RoOA only applies with in the UK so does not apply if you want to work overseas or apply for a Visa to a foreign country. That is subject to other country's laws. eg this is what US say. Doesn't mean they won't give you a Visa, but you would have to go along in person and be interviewed.

http://london.usembassy.gov/niv/add_req.html

Hello Ethel Street. Thank you for your reply. I can only hope they don't take this to court. But I shall use this relevant information otherwise. Thanks again.

Do not send anything until you have received a letter from the rail company

If and when that happens you will have a unique reference number allocated to your case

From the information that you have now provided it seems likely that prosecution will ensue and that you may face two charges, both contrary to Section 5 of The Regulation of Railways Act (1889)

1. That having not previously paid your fare you did travel without a valid ticket and did offer a fare for a shorter journey than that actually made with intent to avoid a fare contrary to Section 5 (3)(a) of The Regulation of Railways Act (1889)

2. That having not previously paid your fare you did travel without a valid ticket and when asked for your name and address did give false details to an officer of the railway company contrary to Section 5 (3)© of The Regulation of Railways Act (1889)

Wait until you actually receive a letter and then come back to the forum and tell us exactly what it says

Thanks Old-CodJA. I won't send the letter I'm just waiting to hear from them now and in the mean time I'm trying to forget. Just one question. If they did prosecute me (as there is a chance they won't) but if they did would there be any way of negotiating an out of court settlement?

Thanks Old-CodJA. I won't send the letter I'm just waiting to hear from them now and in the mean time I'm trying to forget. Just one question. If they did prosecute me (as there is a chance they won't) but if they did would there be any way of negotiating an out of court settlement?

That's entirely a matter for the rail company prosecution team and whilst it is possible that they could agree, the fact that you will have come to their notice as someone who has had a previous incident and warning disposed of by administration process, it does diminish your chances of success considerably.

But there is still a chance. Which I will live with for now just to keep my mind at ease while I wait. Many thanks for your reply. I will post on here when I receive my letter.