Bye Law No 18(2): consequence query

[JasWigh]

Hi

 

Hope someone can help with this.

 

I have received a summons to a magistrate court hearing later this month regarding an alleged fare evasion.

 

It says that if I plead guilty in writing by reply I have to pay a small fine.

 

it does say whether I would also get a criminal record.

 

Would I?

 

thanks.

[honeybee13]

Hi

 

Hope someone can help with this.

 

I have received a summons to a magistrate court hearing later this month regarding an alleged fare evasion.

 

It says that if I plead guilty in writing by reply I have to pay a small fine.

 

it does say whether I would also get a criminal record.

 

Would I?

 

thanks.

 

Hello and welcome to CAG.

 

I think the guys are going to need more information if they're going to help you. Does the letter quote a law or byelaw that you're being prosecuted under please? [edit - appears in title-oops] And does it specifically say a small fine? I don't think I've heard that before.

 

And it does or doesn't say you would get a criminal record?

 

Any details you can give us without telling us any of your personal information will help the guys to advise you.

 

My best, HB

[dx100uk]

if you send a pleading letter as found on here

 

offer to pay all fines and resonable costs - you will not get a record

 

do some reading in this forum

 

dx

[Justice_]

I believe all byelaws are non-recordable and will therefore not give you a criminal record (http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/SaferStreets/DG_181635). Fare evasion is a recordable offence (http://www.acpo.police.uk/documents/PoliceCertificates/SubjectAccess/Retention%20of%20Records06.pdf).

 

I assume from the title of the thread that you are dealing with a byelaw offence.

[SRPO]

There is a difference between a criminal record & a criminal conviction, but both have to be disclosed if asked.

[Old-CodJA]

Yes, SRPO is spot on.

 

Fare evasion is a more serious offence, but conviction for breach of the strict liability requirement of a Byelaw will result in a record of conviction by Magistrates. I know it's confusing, but that is not the same as a criminal record.

 

Breach of National Railway Byelaw 18.2 is not the same as fare evasion.