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VyeKing

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About VyeKing

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  1. Under breaches of Regulations of Railways Act 1889 an ASN will be applied for by the Prosecuting Authority (since it is a Recordable Offence). For byelaw offences, there will be just a court record. Although called an "Arrest summons Number", no arrest needs to take place - admission of guilt can come outside of arrest of course.
  2. Please can anyone point me to a publicly accessible version of the complete up-to-date statute, as amended by the Criminal Justice Act 2003? (i.e. In section 5 of the Regulation of Railways Act 1889 (avoiding payment of fares, etc.), in subsection (3), for “three months” there is substituted “51 weeks”.) I can find the original, and references to the CJA 2003 amendments, but what I want is a complete up-to-date copy of the statute, not to piece the two together.
  3. Had a brief look at the website, and talk about scaremongering! "A conviction will also prevent travel to certain foreign countries including the U.S.A and Australia" How a company that claims to specialise in law can have an absolute total lack of appreciation of immigration law for both the USA and Australia is beyond me! Suggest looking up for USA the so-called "Petty Offence Exception", and also to properly read Australian Immigration law before they try and panic anyone e.g. for Australia, the law simply states that to enter: "you have no criminal convictions for
  4. Sorry to bump my own thread, but strange I should ask this question and then so soon the front page of the Metro (read on trains, the length and breadth of the country) is this: http://www.unlock.org.uk/userfiles/file/unlockinginsurance/Insurance%20article%20Metro1.pdf Seems to reaffirm, even very minor offences, such as travelling on the railways without a valid ticket would need declaring. Not sure what the insurance companies attitude would be to such a declaration.
  5. Within Insurance there is a duty of disclosure to ensure they hold all material facts about the policy holder. Particularly with home insurance, a criminal conviction is considered a material fact. My question is has anyone here admitted the offence to an insurance company? (Either under the byelaws or Regulation of Railways Act Section 5) If so I'd be very interested to know how they handled it? Did they cancel the policy, allow it to remain for the same premium, or ask for additional premium? It is worth remembering that if you haven't told your insurance company you risk invalidat
  6. Applying online through the ESTA process and being accepted is absolutely no guarantee you will be let into the USA, with or without, a criminal record. The ultimate decision will lie with the Immigration Officials at the Point of Entry. And remember, to be accepted through the ESTA process you would have to tick no to the question: Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five ye
  7. Not necessarily true in all cases. Even if the application form asks if you have ever been convicted of a criminal offence, you can legally answer "No" if the conviction is spent, provided the position applied for is not exempt from the act. (Taken from Rehabilitation of Offenders Act 1974) Applying For Jobs Applicants with a criminal record who are asked on an application form or at an interview whether they have any previous convictions can answer 'no' if the convictions are spent and the job applied for is not excepted from the Act. Exceptions To The Act There are
  8. OK, I've read around the subject, cross referencing various articles, threads and forums and cannot seem to find a definitive answer to this. The general consensus seems to be one that a case of fare evasion convincted under the byelaws is not recordable on the Police National Computer (PNC) and that those convicted under a breach of the Regulations of Railways Act 1889 (since section 5c allows the possibility of up to 51 weeks in prison for repeat offenders) could in theory have an entry made against them in the PNC but it rarely, if ever is. Would this only be recordable onto PNC
  9. OldCodJA, Out of interest, am confused by what you say in an earlier post in this thread: "If your are charged with fare evasion and convicted, there will be a record made of the conviction & fine, but this is not something that will normally need to be declared nor adversely affect employment unless you are in a very strictly regulated profession such as a police officer, lawyer, charity fund manager etc. " Why would a criminal record not normally need to be declared? Do these low-level offenses not show up on the Police National Computer? Would there be a court record only?
  10. Thanks again. So, my next question - I have a 3 week holiday scheduled to Thailand soon. If the summons does arrive and the court date falls within that period (would be just my luck!), what are the chances that the court would reschedule? I know usually with fare evasion cases you can plead guilty by post, but I would at least like to attend to explain my mitigation.
  11. Thanks, Old-CodJA, really appreciate the swift response. Sorry to keep up the pestering! Your reply answers one of my questions. The other thing I was seeking your knowledge on in my earlier post though was if you know if you'd get a second criminal conviction for failing to appear in court, or does this not apply if you never received the summons and do a Statutory Declaration?
  12. Old-CodJA, Out of interest in the scenario that you describe, might you still get a further criminal conviction for failing to appear in court (assume this is a crime in its own right?), or is that only if the Magistrates are *not* convinced by the Statutory Declaration? Also I understand what you are saying by "the prosecuting authority would have to start the process again if they want to proceed", But if more than 6 months have passed since the offence when the baliffs catch up with the defendent, can the TOC still start the ball rolling again with a prosecution? Thanks.
  13. Can anyone tell me the process of receiving a Magistrates court summons? i.e. is it send ordinary post, or registered post? Will you get reminders? The reason I ask is that there are several streets near to where I live with very similar names which can cause some issues with the post. I understand from other posts that the court only needs prove they have sent the summons, not that you have received it, which seems a little unfair to me.. Any help appreciated.
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