Ok so the paperwork has come through.. I have been given a conditional discharge as mentioned earlier. The order says "The court has found you guilty of the offences below. As long as you do not commit an offence during the next 3 months from the date of this order you will not be punished." I have also received a notice of fine and collection order, which only asks me to pay the compensation (unpaid fare) and court costs. No victim surcharge or fine. Do I still have. Criminal record? If so, will it be spent after 3 months? Do I have to declare it anywhere after? Thanks, Shouvik

I havent got any paperwork yet. I wasnt given any at the hearing besides a paper slip with an account number scribbled on it which i was told to use to make a payment towards the costs I was ordered to pay. I paid a bit towards it and was ordered to pay the remaining within the next 60 days. I assume the paperwork will come through in the next few days so will revert when I get it. And to answer your question @BazzaS - the judge simply said conditional discharge. He did not mention any duration. And me not being familiar with legal terms or process, all I asked him was how long will the criminal record last for and he said "3 months but you will have to check it out" So in summary I do not know ho long my conditional discharge is for. I guess the paerwork, when it comes through, will make it all clear.

Well there was definitely no fine as he did not even ask me for my means form. I had brought it to court with me. Surely he would have needed to see my means form to see how much fine I could afford to pay. This is all so unclear:(

There was definitely a £15 surcharge (don't know if it was victims or not) included in the costs I was asked to pay. But I was definitely told conditional discharge with no fine. I guess I'll have to wait for the judgement to come through in the post.

so I had my hearing at Magistrates Court today and here was the outcome. The judge decided not to punish me and gave me a conditional discharge with orders to pay the unpaid fare, prosecution costs, victim surcharge amounting to around £450 While Im relieved at the outcome, I am a little confused as to what it means. I was under the impression that a conditional discharge is not a conviction and hence will not appear as a criminal record. I wanted to clarify that with the judge who said that it will appear as a record but it will be spent within 3 months after which I do not have to declare it. He sounded a bit unsure as to how long it would be spent in and asked me to check it out. So do I have a criminal record or do I not? If I do, will it appear in CRB checks after it is spent (i.e. 3 months). Should I declare it on job applications, travel visas etc. after it is spent? Thanks in advance.... Shouvik

Agreed..so I need a visa to the US for life or until the conviction is spent?

Ok.. Also does a criminal record of this type prevent you from travelling abroad i.e. US, Canada, Aus etc.?

Ok looks more and more like a criminal record is a certainty. I also read in the tfl guidelines that there could a possible 3 month custody. Does that apply in my case? Also now that I've submitted in my form that I am guilty and will appear in court , I don't think I can NOT attend the hearing or can I?

Yes I've pleaded guilty and am attending the hearing. The only offence I'm charged with as per my summons is 5(3a) Regulation of Railways Act 1889 - Travel on a railway with intent to avoid fare due, though the fact that I gave a false address initially is recorded in the Revenue Control Inspector witness statement. Also I think you mis-understood I didn't put down my medical condition as the reason for committing the offence. I said the stress these summons and the fear of my future behind destroyed due to a criminal record is what is caused my medical condition. My financial situation is the mitigating circumstance. Also what kind of criminal record will I get? Is it something that shows up in all CRB checks or only enhanced ones? Also how long will it this records stick with me? Is there any possibility of a prison sentence? Do you think I can still try and convince TFL to settle out of court? Offer them more than the fine amount? Thanks in advance. ---------------------------------------- Also the witness statements were served under the provisions of the criminal justice act 1967. It doesn't say whether I'm being charged under that act though. Could you clarify? Thanks

Yes I've pleaded guilty and am attending the hearing. The only offence I'm charged with as per my summons is 5(3a) Regulation of Railways Act 1889 - Travel on a railway with intent to avoid fare due, though the fact that I gave a false address initially is recorded in the Revenue Control Inspector witness statement. I think you mis-understood I didn't put down my medical condition as the reason for committing the offence. I said the stress these summons and the fear of my future behind destroyed due to a criminal record is what is caused my medical condition. My financial situation is the mitigating circumstance. what kind of criminal record will I get? Is it something that shows up in all CRB checks or only enhanced ones? Also how long will it this records stick with me? Is there any possibility of a prison sentence? Do you think I can still try and convince TFL to settle out of court? Offer them more than the fine amount? Thanks in advance.

Hi, First of all apologies for the long post but I want to put out all the details so I can get accurate advice. I'm in a desperate situation and was hoping for some advice and guidance. Back in April I was caught using my Dad's freedom pass at Oxford Circus Station. My dad travels in and out of the country and leaves his pass at my house when he's not around. One day I picked up his pass accidentally and used it to travel to work. Completely unaware I used it for the next 4-5 days but after that began to wonder how I haven't had to top up my Oyster card. I took it out of my wallet and realised it was my dad's freedom pass. I was then tempted to use it for 3 weeks and I made 23 journeys in total with it until I got caught. I feel embarrassed and sorry about my actions but my situation was quite desperate at the time. I was really struggling with my finances as me and my wife had an unplanned baby at the begining go the year and she being less than 6 months into her job was not entitled to maternity pay. Out household income dropped by over 60% and I was really struggling to keep up with my mortgage payments and bills, defaulting on most of them. I was really stressed out over my house being repossessed and all this stress clouded my judgement and I made this stupid mistake. back to me being caught. When the inspector caught me he began asking me for my details and I panicked so I gave him a false address. As he was going to check up on my address, I realised my mistake and confessed and gave him all my details. I explained to him my situation and why I did what I did. He confiscated the pass, told me I would hear from the TFL and let me go. Around July I received a letter asking me to come in for an interview. I thought if I go up to TFL and admit my guilt and confess that would encourage my chances of an out of court settlement. in hindsight I should have consulted a solicitor (not that I could afford one) I went there admitted everything in the interview and was told that I should write a letter to the prosecutions department to explain my circumstances and I had a good chance of an out of court settlement as I have been honest and admitted my guilt. I wrote 2 letters to them but heard nothing from them till I got a summons from them on 17 Oct for a court hearing on the 30th Oct (next wed). I called them up to plead my case but they are having none of it. I am really nervous now. I have no criminal record and have never done anything illegal in my life. I'm otherwise an honest hard working IT professional who just made a really stupid mistake for which I'm really sorry. Since the incident I've worked hard, got a promotion and have managed to improve my financial situation for me and my family. If I get a criminal record, I will lose my job (I have confirmed this with HR) and would not be be able to find another job in IT. Obviously that would have a huge impact on mine, my wife and my baby's livelihood. I have a 9 month old son and the court verdict and it's impact on our future is causing me sleepless nights and having an impact on my health. I have been having severe neuralgic type headaches for which I have visited the doctors and obtained medication. I have pled guilty in the summons forms and sent it back to the magistrates court along with the following documentation: Detailed apology letter explaining my circumstances Letter from my wife's employer verifying she wasn't entitled to maternity pay Letter I sent TFL requesting an out of court settlement 3 character references Letter from HR saying that if I get a criminal record, they would seriously consider terminating my employment Doctors note confirming my neuralgic headaches Doctors prescription I will be going personally to the court to plead guilty without a solicitor. Can someone please advise me what else I can do and the possible verdicts? Am I looking at a prison term, criminal record and fine? Thanks very much in advance for your response.