The British Transport Police (BTP) and rail companies are to formalise a prosecution protocol that will place more emphasis upon prosecuting fare evasion as fraud, which can lead to immediate terms of imprisonment.
Following a number of high profile fare evasion cases last year, the Chief Constable of the BTP, speaking to the Times (02/05/2015), stated that he wished to see the more serious cases referred to the BTP from the railway companies so that the police can investigate and prosecute for fraud.
He also wants to see the use of the controversial non-prosecution ‘civil settlements’ forbidden. These agreements have allowed wealthier individuals to avoid criminal prosecution by paying the rail company extortionate sums that seldom reflected the sums due to the company and often far exceeded them. Very often the individuals were commuting professionals whose employment (and liberty) would have been at immediate risk had they been prosecuted, and they were happy to pay large amounts to avoid such prosecution.
In 2012/13, the rail companies issued 85,000 fixed penalty notices and in 2013/14 a total of 2,587 individuals were prosecuted for fare evasion by the CPS in the criminal courts, an offence that has a potential of a maximum fine of £1,000 + costs + victim surcharge, and 12 weeks’ imprisonment.
It is evident that since 2014 there has been a change of approach to these types of offences by the authorities.
Anybody facing such an allegation risks losing his or her ‘good character’, their employment, and their liberty. Many will also have to face professional regulatory proceedings; any hint of dishonest behaviour will threaten FCA authorisations, and solicitors’, accountants’, doctors’, and dentists’ Fitness to Practice certificates.
We have been involved in a number of the more high profile of these types of cases and have successfully defended any number of individuals facing these types of proceedings.
Contact Miles Herman or Siobhain Egan on 0207 387 2032 or complete our online enquiry form here.
