rewley
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London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
I think any manual transfers are the responsibility of the police though. -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
But don't HMCS now do this via LIBRA which is also available to the police. LIBRA must show the police which convictions haven't been transferred automatically to the PNC i.e. those without ASN's and then are those not inputted to the PNC manually? I hope I'm not irritating you with the questions - your help much appreciated. -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
SRPO, thank you. I find it amazing that if the police have a conviction sitting in front of them which is recordable they don't just create an ASN themselves and put it onto the PNC. Isn't 'no ASN' just a technicality?! -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Underground, many thanks for your previous post. -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
SRPO, thank you. If TFL have not obtained an ASN, can the Magistrates do this independently? Can TFL do so retrospectviely? You say it is a new thing - are there plans to put all TFL cases onto the PNC? -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
SRPO thanks for responding so quickly. How would an arrest summons number be obtained? Is it the magistrates who decide whether they are going to refer it to the PNC or not? I'm just trying to understand the mechanics of all this. -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
I think this has been queried a few times in this forum but I'm not sure anyone knows the answer:- Is a conviction under section 5(3) recordable on the PNC? I understand that an offence is only recordable if imprisonable. The statute (section 5(3)) says that fare evasion will only be imprisonable on a second offence but we have been told by various people that because fare evasion carries the possibility of imprisonment, it will be recordable on the PNC EVEN IF this is your first offence. Is anyone aware whether this is correct? The TFL say they do no inform the PNC but at the end of the day it's the magistrates who decide whether to refer to the PNC or not. Also, is there any way of getting TFL to prosecute under the bylaws rather than section 5(3)? The byelaws do not carry imprisonment as a punishment and so a conviction under them would not be recordable on the PNC. Many thanks -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Thank you everyone for your help -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Sorry, just one more question - if we want to call the ticket inspector to trial it says we must do so within 7 days of receipt of papers. The papers are date stamped 17 April but we only received the papers on Friday! How do we prove we only just received them. Would they not argue we are now out of time? -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Thank you for this. We received the summons on Friday. They have attached a copy of the inspector's witness statement but there is no copy of his notebook - you say we should be comparing the two - should they have enclosed this? -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Much appreciated -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Old CodJA, thank you very much for your response. No, she did not at any stage give any false details. The inspector did not tell her that she was not obliged to stay with him before questioning - would that alone be enough to count as a procedural irregularity (bearing in mind she admitted it)? Would an inspector just insist that they did and it would be her word against his? One other point; is there any chance that sometimes TFL fail to issue summons' within the 6 month time period - has that ever happened before? If so then is it better not to keep contacting them to remind them of our case? Clutching at straws here I know. Underground, would be very grateful for any thoughts you might have on this post and my previous post above. Many thanks both of you. -
London Underground
rewley replied to UNDERGROUND's topic in Public transport (Trains, tubes and buses)
Underground Thank you so much for your input on this site; I've been reading your posts and they're extremely helpful.
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