He promptly responded to emails and WhatsApp messages. Vdto0o Chiltern Railways Matter via Transport Investigations Limited. Without your proactive approach, the consequences would have been drastically different. This move has seen a 10% drop in the purchase of concession tickets. Approach to the assessment of fines - introduction, 6. The court is notified when a new ticket is produced, and a hearing date is. I couldnt recommend Nathan Seymour-Hyde and Reeds Solicitors more. To have a criminal record for fare evasion, you must be found guilty of an offence or plead guilty at Court. To find out more contact us at 800.838.9199 . I received a letter from TFL after being caught using my father's Freedom Pass. Disqualification from driving general power, 10. Reeds Solicitors submitted representations, making a careful judgment about which points to include in the representations and which aspects to leave out. VOSD's analysis of MTS and court records found 86 percent of tickets officers wrote from June 23 to June 29, 2019, remain unpaid and unresolved almost a year later. He acted quickly and decisively without wasting any time at all. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. First time offenders usually represent a lower risk of reoffending. Thanks to his work my case had a successful outcome. I received the scary letter from TFL. He had been interviewed by Revenue Protection Inspectors in respect of an alleged breach of Railway Byelaw 20(1) - altering a ticket with intent to defraud. Started July 25, 2022, By Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. (i) hostility towards members of a racial group based on their membership of that group. I was stopped by revenue protection officers and have now received a letter from South West Trains prosecution department. East Cambridgeshire District Council will be installing 24 electric vehicle charging points across its district car parks from Tuesday 28 February.The 7kW chargepoint units will be located at Barton Road Car Park and Newnham Street Car Park in Ely and Clay Street Car Park in Soham. In considering economic benefit, the court should avoid double recovery. That means that it makes no difference if you say you made a mistake and that you intended to pay. Sponsor Post - registered members do not see these adverts; But what precisely is the alleged offence? Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. Whats more, it does not matter where in the country you are we can conduct all our meetings virtually. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. Transport for London, the British Transport Police, another railway, bus or tram Company). P was caught traveling with a ticket, which only covered part of the journey into London Bridge station. (2) The court, (a) must treat the fact that the offence is aggravated by hostility of any of those types as an aggravating factor, and. No doubt no other specialist could have secured this level of success in such a short time, given the different advice they had all given me. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. write a brief non waffling grovelling letter. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. I found Nathan Seymour-Hyde incredibly professional, reliable and honest. Regulation of Railways Act 1889, s.5(3) (travelling on railway without paying fare, with intent to avoid payment); s.5(1) (failing to produce ticket), Level 2 fine (s.5(1) failing to produce ticket) Level 3 fine and/or 3 months(s.5(3) travelling on railway with intent to avoid payment), Conditional Discharge Band C fine (s.5(1)), Conditional Discharge Low level community order (s.5(3)). I have managed to avoid a prosecution and get off with a warning, and it is all thanks to you that I can carry on with my future plans, unhindered by a criminal conviction. Your legal expertise and professionalism went above and beyond my expectations throughout the course of my case and I cannot thank you enough for your assistance. I was accused of using my mother's freedom pass and received a court summons telling me I was going to be convicted of a criminal offence. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, Offender has avoided paying any of the fare, Offender produces incorrect ticket or document to pass as legitimate fare payer, Commission of an offence while subject to a. Does this count as providing false details under the law? Yes. Hi Thank you for taking the time to read and reply to this. Nathan is personable, diligent and I felt reassured my matter was in safe hands. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. C purchased two tickets for each journey one to get through the barrier onto the train and another to get through the barrier on arrival in London, with the middle part of the journey missing. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. Posted originally on the Archive of Our Own at /works/38514553. Again, this involves outlining relevant mitigation and addressing any issues with the ticket infraction(s). Kln Hbf to Brussel Zuid is served by both Thalys (which might be calling itself Eurostar by then) and ICE high speed trains. (Young adult care leavers are entitled to time limited support. I am extremely happy about the result and very grateful for your help. However, what was even greater was his amazing advice. Nathan called at times to suit us and worked in the background with Transport Investigation Ltd to better understand the issues and to prepare our best defence. Disqualification until a test is passed, 6. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. This is a very successful way of achieving an out-of-court settlement which can then be ratified by the court. From the first second I felt like he had experience with cases like mine. In New York City, for example, fare-beating arrests -- as opposed to the less-serious ticket for fare evasion -- jumped 69 percent between 2008 to 2013, and . We offer fixed fees which cover all of the work involved so you have complete clarity in terms of costs. Imposition of fines with custodial sentences, 2. The English, on the other hand, although faced with a more benevolent geography, had a preference for clustering close to the Atlantic seaboard until the eighteenth century; only in the Hudson and Connecticut River valleys, and in parts of the Chesapeake region, did settlement of the interior begin from the outset.50 It is a striking commentary . Despite the odds seeming unlikely, Nathan provided a swift result and was genuinely elated to inform me that he had arranged an outcome that satisfied all parties. Southeastern train offered an out of court settlement to resolve the matter. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. Step 1 Determining the offence category, Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity, Failure to comply with current court orders, Offence committed on licence or post sentence supervision, Serious medical condition requiring urgent, intensive or long-term treatment, Sole or primary carer for dependent relatives. Where the offence has resulted in personal injury, loss or damage the court must give reasons if it decides not to order compensation (Sentencing Code, s.55). hoteljk Reeds Solicitors submitted detailed representations, with various supporting documents. train fare evasion out of court settlement. Nathan developed a comprehensive argument to seek to settle the matter out of court, and a few days later he contacted me to say we had been successful. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. A commuter who was alleged to have dodged train fares to London worth close to 43,000 has avoided prosecution after making an out-of-court-settlement with Southeastern railways. 1. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). He was friendly and approachable and showed real understanding of my situation. B was extremely concerned about being prosecuted because had just started a new job in the finance industry. 2) If they summon me to court do I still have the ability to negotiate an out of court settlement or does this have to be done before they summon me? * If order does not contain a punitive requirement, suggested fine levels are indicated below: **Note: Changes to the curfew requirements brought in by the Police, Crime, Sentencing and Courts Act 2022 are set out in the Requirements section in the Overarching Guideline: Imposition of community and custodial sentences, but are not reflected in the ranges above. He helped me regarding a fare evasion accusation. We understand that it is deeply concerning to face a prosecution, especially if a criminal record could have an impact on your job, future career plans or travel plans. The UK Stands With Ukraine - 'Slava Ukraini'. (5) For the purposes of paragraphs (a) and (b) of subsection (4), it is immaterial whether or not the offenders hostility is also based, to any extent, on any other factor not mentioned in that paragraph. Nathan, I want to thank you very much for all the support and guidance received to solve this matter. Section 66 of the Sentencing Code states: Hostility (1) This section applies where a court is considering the seriousness of an offence which is aggravated by, (d) hostility related to sexual orientation, or. Reforging Glory. For a better experience, please enable JavaScript in your browser before proceeding. It was a very anxious time for us as a family. train fare evasion out of court settlementis sea bass a bony fish to eat. (ii) the victims membership (or presumed membership) of a religious group. To avoid court you need to pay the penalty fare which is a civil procedure and not criminal. Care should be taken to avoid double counting matters taken into account when considering previous convictions.
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