Fare Evasion Solicitors

Speak to our fare evasion solicitors today

To discuss our same day service for train fare evasion and the available options, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding fare evasion, please call our Emergency Number 07836 577 556.

Our expertise with train fare evasion

As a firm, we have over 45 years of experience in handling all types of criminal law matters, including fare evasion. This experience, coupled with our specialist expertise, means that we are able to provide a carefully tailored service which accounts for your personal circumstances.

The penalties for fare evasion are much more serious than you may initially expect. If you receive a criminal conviction, it could affect your employment prospects, your ability to visit some countries and your personal life.

Our team have previously been able to secure positive outcomes for clients who have faced train evasion accusations, including cases that have been taken to the Magistrates’ Court. We have the expertise to build a strong defence for your individual case, no matter what the surrounding context may be.

We know that the prospect of a fare evasion criminal record can be extremely daunting and distressing. If you are due to face court proceedings, we will ensure that you receive close personal support and are properly informed on how your case is proceeding and what the likely outcome will be.

We are accredited by the Law Society for Criminal Litigation and have also achieved Lexcel accreditation, reflecting the high standards of our legal practice.

As a testament to the high standards of client care our team provides, we frequently receive referrals and recommendations from clients who have been satisfied with our legal services, which we have been providing for over 45 years.

Fees and funding

We are always clear and transparent when it comes to our legal fees.

In some cases, legal aid public funding may be available. Whether or not this is the case will depend on the seriousness of the case and whether it justifies the grant of public funding.

If legal aid public funding is not available, the alternative option will be to find a case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do We Offer Free Consultations?

Related services

• Representation at the Magistrates Court
• Should you ever plea guilty in court?
• Charged to attend court
• Criminal defence

Related cases

• Rail Fare Evasion Dropped Birmingham Magistrates Court 2024

Common questions about fare evasion

What is fare evasion?

Fare evasion refers to any incident where you are unable to provide a valid ticket for all or part of your train journey to a ticket officer or a revenue inspector.

Examples of fare evasion can include:

• Boarding a train without having purchased a ticket
• Travelling further than a train ticket permits
• Travelling with the incorrect ticket type
• Travelling at a time that renders a ticket invalid (e.g. travelling with an off-peak ticket at peak times)
• Intentionally avoiding a ticket inspector
• Passing through a ticket barrier without showing a ticket
• Travelling with a ticket issued to another person (e.g. a ticket purchased using someone else’s railcard)
• Travelling in a class of accommodation that has not been paid for

A failure to produce a valid ticket on request or to give a name and address could lead to a person being detained and brought before a court. Evading a fare with intent to do so can amount to a criminal offence. Giving false details when found to be evading a fare is also a crime.  Simply being in a compulsory ticket area or travelling on a train without a ticket can also amount to an offence even if you did not intend to evade a fare (although there are some defences available).

What happens if you are accused of fare evasion?

If you have been accused of train fare evasion, the train company will usually write to you to ask you to respond to the allegation. A prosecution decision will then be made by the train company.

If the train company decides to prosecute, you will receive a court summons for an unpaid train ticket in the post. This will confirm a time and date for the case to be heard in court.

The form you receive will also ask you to confirm whether you intend to plead guilty or not guilty, with the option of submitting this plea by post.

If there is an accusation that fare avoidance has taken place over a long period (such as using someone else’s Oyster Card), there is the possibility that Transport for London (TFL) will want to interview you under caution. If this request is made, it is essential that you have the representation of a solicitor on your side.

Is fare evasion a criminal offence in the UK?

Yes, fare evasion can result in a criminal conviction. This includes where fare evasion is a first offence.

Fare evasion is prosecuted in one of two ways:

• s.5(3) of the Regulation of Railways Act 1889 – “Intentionally travelling on the Railway without having paid the fare and with intent to avoid payment.”
• Railway Bye Law 18(1) & 17(1) – “Entering a train for the purpose of travel without a valid ticket.”

How long does a criminal record for fare evasion last?

A conviction under s.5 of the Regulation of Railways Act 1889 appears on a basic DBS check until it is considered ‘spent’. These matters are dealt with by fines and therefore are spent after 12 months.

What is the Single Justice Procedure and how does it apply to fare evasion?

Under the “Single Justice Procedure” courts can deal with certain low level offences without the necessity of the defendant having to attend court. The offence must be one which is not imprisonable, a perfect example being fare evasion.

The single justice procedure arose as a result of s.46 of the Criminal Justice and Courts Act 2015. The 2015 Act allowed relevant prosecutors to prosecute such cases. Under the Criminal Justice Act (New Method of Instituting Proceedings) (Specification of Relevant Prosecutors) Order 2016 railway operators were designated as “relevant prosecutors”

Recently, at Westminster Magistrates Court, a woman was prosecuted at that court for failing to pay her fare on the railway. However, the Senior District Judge has considered the case as a part of six “test cases” being looked into by the court.

It appears that a number of cases have been brought under legislation – the Railway Regulation Act 1889 – which appears not to be part of the Single Justice Procedure regime. If that is the case then it appears that many thousands of cases brought under the Railway Regulation Act 1889 in the past may be unlawful. This may affect many people who were dealt with under the Single Justice Procedure having pleaded guilty and were fined.

Two of the railway companies involved, Greater Anglia and Northern Rail, have said they no longer use the Single Justice Procedure in relation to offences under the Railway Regulation Act 1889 and are reviewing previous cases.

Contact our fare evasion solicitors now

If you have been accused of fare evasion, are due to make an appearance in court, or are concerned about that prospect, please do not hesitate to get in touch to receive urgent advice from our specialist team.

To make the most of our same day service for fare evasion, you can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office:020 7624 7771
• Manchester Office:0161 835 1638
• Birmingham Office:  0121 614 3333
• City of London:0207 624 7771 our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for fare evasion cases

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.