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Procedure

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  1. Hi there everyone on CAG. I've read lots of threats on here, which have been full of very useful and invaluable advice, but I couldn't find anything very specific to my query. I'm hoping my thread will help people in the future with the same question. I'll quickly describe my situation. It goes like this: Basically, it's exactly what I've been charged with. I was on the London Underground, I didn't have a valid ticket, I got caught by a ticket inspector as I tried to exit the station who then asked for my details. I am not going to cry and whinge about my financial circumstances and any personal drama that led me to not having a proper ticket because; I deserved the outcome. It's all my fault and I deserved it. I didn't have a ticket, I used the trains unlawfully, I got caught by an inspector, I got sent a Court Summons, I returned it with a Guilty Plea, I got a hefty fine, I paid it all off in one go and the case is now officially closed and I've learnt a lesson to remember. What I would like to know is about is the charge I have been convicted of. I was only charged by TFL/the courts with this charge: 1: Byelaw 17(1) - No person shall enter a compulsory ticket area unless he has with him a valid ticket. On my 'Notice of fine and collection order' it is worded slightly differently, like so: 1/ Enter a compulsory ticket area on the Transport for London regional network without a valid ticket I am quite confused on the implications of this. My general understanding from what I have read is that, on the grand list of fines and charges that Rail Networks can hit you with, this one is quite 'minor'. There is generally no defence against it in court because it's a black and white issue. Either you had the correct ticket for the train stop you were getting off at, or you didn't. I have been told it is a 'Strict Liability Offence'. I have also read that Byelaw 17(1) is a 'non-recordable' offence and Byelaw's don't show up on Criminal records, except on enhanced Criminal Record Background (CRB) check's. My questions, which, again, I hope can also help other people, are as follows: 1: What is a 'non-recordable' offence? Does it show up on Criminal Record Background check's? 2: Again, from what I have read numerous times on different forums/articles I have seen that Byelaw offences 'may' show up on an Enhanced Criminal Record Background check. What decides whether or not it 'may' show up? Does it depend on what type of Byelaw offence it is? 3: Are TFL Byelaws any different to Railway Byelaw's offences? 4: What makes Byelaw offences different from, say, the Regulation of Railway offences? Is there a difference in the level of seriousness of the charges and conviction implications between the two? Finally, 5: Certain countries I want to travel to in the future require a visa and also a Criminal Record Background check (Australia, Canada, USA etc...). For this, I will need to provide a 'Subject Access Report' from the Police which shows all the information held about me on the Police National Computer (PNC). Will my Byelaw17(1) offence be held on the PNC? Thanks for any help and advice!
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