Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Yes.
Alex Watts : You should try and do a deal with the train company to stop this matter going to court.
Alex Watts : Usually you are offered a fixed penalty and if you do not pay that, or you have been caught before, would you be prosecuted.
Alex Watts : But try and do a deal with the train company.
Alex Watts : Can I clarify anything for you about this today please?
does being found guilty of breaking a bye law result in a criminal record?
I work in finance this would be a issue
it is bylaw 18(1)
I was not offered a fixed penalty
Alex Watts : Try and do a deal with the train comany to stop it going to court.
Alex Watts : But they should offer the fixed penalty and if not, this could be a breach of the rules. Especially if this is the first time.
Alex Watts : Can I clarify anything for you about this today pleased.
Alex Watts : please.a
I will speak with the train company on monday
Alex Watts : Ok
I am still unclear about the impact if it does go to court
Alex Watts : It is a criminal offence.
so I will have criminal record if found guilty
Alex Watts : Yes
Alex Watts : But the good news is that it is non recordable.
Alex Watts : This means it won't show on a crb (or DBS) as it is called now
Alex Watts : Please see
Alex Watts : http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5
Alex Watts : Not all non recordable offences do show on PNC checking. Driving ones do because there is a direct link to the DVLA computer. To be honest, probably this would not because it would not even have been prosecuted by CPS.
Alex Watts : If its not on a PNC it own
Alex Watts : If it's. it
Alex Watts : If its not on a PnC it won't show on a DBS check.
Alex Watts : Can I clarify anything else?
ok that was very helpful
but as you say it is best to speak with the rail firm first any way