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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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My son is 18 and still a student and he has been 'found guilty'

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My son is 18 and still a student and he has been 'found guilty' of 'having entered a train for the purpose of travelling, did not have a ticket entitling travel' and he has been summoned to appear in court. He paid for his ticket with a discount card and he was unaware this card had expired. The ticket was still sold him, with no mention of it having expired, and when on the return journey he was asked to show his ticket and then subsequently his discount card he was told that he had the wrong ticket. He was asked to pay the difference but had no money on him so gave his details whereupon he was told that I'd have to pay on receipt of the notice. Out of the blue, we then received a letter informing us of their intention to prosecute and asked for his explanation (very similar to those details outlined above). He then received a further notice informing him of a summons to appear in court.
My question is if he pleads guilty and he (I) pays the £120 costs and £20.30 extra for the non-discounted ticket will he get a criminal record (the original notice of intention to prosecute mentioned the possibility of prison sentence, criminal record, community service and/or fine)? Personally I feel the case should be dropped due to the ticket office selling him the ticket in the first place but I will pay the fine/costs if it means it will just go away but NOT if it means a criminal record.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does this arise from the same incident or is it another?
Customer: replied 3 years ago.
Does what arise from the same incident? I would like to know that if he pleads guilty and we pay the costs, will he get a criminal record and could he go to jail?
The second summons.
But on your primary point, if this is a railway bye law offence then it does lead to a criminal record but it only leads to a fine at court. It does not carry custody.
It is a non recordable criminal offence anyway so should not show on dbs checking unless they add it in an excess of caution which is not likely.
If this does arise from the same incident then I am not sure that I see how they can prosecute twice but I suppose I haven't had full vision of the evidence.
Can I clarify anything for you?
Customer: replied 3 years ago.
Sorry, to clarify then - will it affect his chances of going to Australia and/or America (gap year coming up) as I understand that you cannot enter those countries with a criminal record. Also what if he wanted to be a teacher - would that affect his chances of this profession. Thank you.
I don't do immigration or employment. Those are really different questions.
I do think he has to declare it but it probably won't have an impact.
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