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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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Need advice regarding a a summons I have received in

Resolved Question:

Hi,
need advice regarding a a summons I have received in connection with the contravening of railway bye law 6(2) and 24.
I need advice as to whether I should plead guilty and whether I will get a criminal record which could in-turn affect my future employment or emigration where a CRB check is required.
I understand that I have to pay a deposit of £38 but it doesn't say how much your advice will cost. Please advise as to whether you can assist and what the cost will be.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Good morning. My name is ***** ***** I am happy to help you. What offence is being alleged exactly? Is it fare evasion?
Customer: replied 1 year ago.
No,In brief summary the ticket attendant at the Barrier to the Train station refused admission to my wife because she had printed the wrong part of her ticket... he refused her entry to the platform so that the ticket could be printed off and told her that she had to print a new one.In short I approached him and said it was a F???ing disgrace and he called the police, statement was taken and a summons has subsequently been issued.I believe I probably did beak the bye-law in swearing at him, but the witness statements were extremely exaggerated and have probably lead to the summons.I main concern is not the offence as such (albeit it seems extremely harsh) but whether or not it will affect future employment CRB checks or our possible future emigration to Australia where CRB's are required.And if it does what is my best course of action?
Expert:  Alice H replied 1 year ago.
Thank you. It may take a minute or so reply so please bear with me. Could you confirm whether you have any convictions or cautions recorded against you?
Expert:  Alice H replied 1 year ago.
This is a criminal offence which will be dealt with by a criminal court. The maximum penalty is a fine of £1,000. Given the nature of the allegation, if you are convicted then, as a matter of law, you will have a criminal conviction which may appear on a DBS search. However, a fine is spent after 12 months so it may only appear on a standard search for 12 months. After that period it will only appear on an enhanced check if, for example, you intend to work with young people or vulnerable adults. The reason I use the words "may appear" is because I have dealt with similar cases in the past where, probably because of inefficiency, the conviction has not been passed on to DBS for the information to be uploaded to the system.
Customer: replied 1 year ago.
Hi Alice,
I have have no previous cautions or convictions.
In this case I was cautioned by a Transport Police Officer and made a statement under caution which was submitted to the British Transport Police who chose to pursue the matter in court. The Court case is on February 8th If I plead Guilty.
Expert:  Alice H replied 1 year ago.
The byelaw states "...(2) No person shall behave in a disorderly, indecent or offensive manner on the railway..." So, if you admit swearing, you are in contravention of that law. If you admit the offence, to the limited extent of the offensive words that you used, you can plead guilty on that basis and deny the remaining words / actions which are being attributed to you.
Customer: replied 1 year ago.
Hi Alice,Would you advise me to plead guilty by post or both by post and by attending in person?
Expert:  Alice H replied 1 year ago.
I would recommend pleading guilty by post - attending is an unnecessary waste of time and money. You can explain the circumstances in a letter and also ask the court to consider a CONDITIONAL DISCHARGE which is a lower form of penalty than a fine (in light of your good character). A conditional discharge is not a conviction unless you are prosecuted for another offence during the operation period, usually 6 - 12 months. If you stay out of trouble (I imagine you will), the conditional discharge will be spent and cannot be held against you. Please note that the law in other countries may be different for visa purposes and you may still have to declare the conditional discharge - but on a record it looks far better than a fine.
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Alice,Thanks you very much, this has been most helpful. The fact that it will go on record for a year (at worst) puts my mind at rest.
The additional information about conditional discharge was extra helpful. I will apply for a conditional discard as recommended and hopefully it won't even come to that.Many thanksAndrew
Expert:  Alice H replied 1 year ago.
My pleasure. Please remember to take a moment to rate my answer otherwise I will not be paid for my time. Thank you. Alice :)