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The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). Numerous and frequent previous convictions might indicate an underlying problem (for example, an addiction) that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. He helped me regarding a fare evasion accusation. He acted quickly and decisively without wasting any time at all. He went beyond the time frame of the consultation and did not rush or make me feel pressured at any point. From start to finish, I had huge support from Nathan, he was very professional and sympathetic. Its free, Twitter - Include the @company's twitter name in your post title here's why, Car dealer who sold death traps and forged court papers, Parcel lost! A community order must not be imposed unless the offence is serious enough to warrant such a sentence. I felt that from the very start that Nathan understood what I was going through. For further information see Imposition of community and custodial sentences. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. I want to thank everything Reeds Solicitors and Nathan Seymour-Hyde have done for me. The charges were discontinued. Fare Evasion Solicitors - Berkeley Square Solicitors Click here to be taken to the example letter. For legal advice and representation, please contact us through our contact page here. Clare Dowdy explores the waste-not-want-not spaces that are leading the way.View the full article, Contacting loved ones in Ukraine. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). The personal and effective responses made a difficult time a lot more bearable. The article there mentions a penalty fare being issued if a valid ticket isn't presented, any idea why the station didn't just do this instead of this legal action? If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Totality guideline. I felt well informed throughout the whole process and its clear that Nathans expertise was the reason for the end result. Rail operator Southeastern has defended the out-of-court settlement as the quickest way to recover the fares. However, what was even greater was his amazing advice. write a brief non waffling grovelling letter. You are using an out of date browser. Thank you very much for the great news on the out of court settlement and going the lengths to achieve this for me. Out of Court Settlement for Intentional Fare Evasion? The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). He showed tremendous support and guided me throughout the whole process. Or you may have received the Single Justice Procedure court paperwork, notifying you of the court date. FAVMM 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. Vdto0o My heart was pounding non-stop. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). 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. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months. - help, Freedom Bus Pass 1 Misuse letter now SJPN. Man jailed for three weeks for dodging 2.70 rail ticket - The Sun Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. If you need to add something to this thread then, That way you will attract more attention to your story and get more visitors and morehelp. train fare evasion out of court settlement According to a Sound Transit spokesperson, the fare ambassador program cost $2.7 million, including $1.9 million for 24 fare ambassadors and two supervisors. Twitter - Why you should open a Twitter account, Have we helped you today? Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, How to use the pronouncement-card builder, Overarching Principles Sentencing Children and Young People, Imposition of community and custodial sentences guideline, Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offenders record means that a discharge or fine is inappropriate, Offences that obviously fall within the community order band, Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances, must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. These trains aren't reservable and have no bargain advance fares, tickets are valid on any train on the date on the ticket. I sought out legal advice immediately. He dealt with my case professionally and he was a pleasure to talk to. Whats more, it does not matter where in the country you are we can conduct all our meetings virtually. We would consider whether any supporting documents could increase your chances of success. 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)). You may wish to write to the prosecution office with an apology and ask if you may be allowed to pay the outstanding fare and all the reasonable costs incurred by the company in order to preserve your good name by resolving this without court action. The. The Southeastern prosecutor said that they would normally prosecute this type of case but that they were persuaded by the mitigation to offer an out of court settlement on this occasion. Nathan Seymour-Hyde phoned me very promptly about my situation and was sympathetic and easy to deal with. Prosecutions act as a deterrent, in theory discouraging others from evading their fares. Only the online version of a guideline is guaranteed to be up to date. Revenue Protection Policy | Southeastern Download page 51-100 on PubHTML5. Reduced period of disqualification for completion of rehabilitation course, 7. (3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings. Less than a quarter of that, about $207,000, has been paid. In November 2021, I received a court summons for train evasion fare, because I had travelled without a valid rail pass. (i) hostility towards members of a racial group based on their membership of that group. Many thanks to Nathan who expertly and professionally guided my son through the process of collecting essential mitigating evidence that he would not have been aware of. Nathan, I want to thank you very much for all the support and guidance received to solve this matter. I didn't know what to do with myself. I contacted Nathan with a short time-frame of a case that was being sought against me he responded promptly and acted quickly. Southeastern trains usually prosecute their cases at Bexley Magistrates Court, although some cases are prosecuted at Sevenoaks. Typically, this may involve short tickets which do not cover the full journey or sandwich tickets where the middle part of the journey is not covered by the tickets. Our Southeastern Trains solicitor has worked in this specialism for years, and we also have direct contact details of the relevant decision makers which greatly assists in resolving matters promptly. The key to successful out of court negotiation is timing and a realistic assessment of the strengths and weaknesses of your case and commercial reality. +1800 456 789. train fare evasion out of court settlement. I didn't know what to do with myself. He was very honest and though the odds may have been against us, he was able to come up with a good plan of action. Reeds Solicitors is an award winning and leading top-tier criminal defence firm. I couldnt recommend Nathan Seymour-Hyde and Reeds Solicitors more. Generally, the train companies argue that prosecutions are in the public interest because of the huge sums of money which are lost to the rail industry as a result of fare evasion. He received the initial letter from Southeastern and replied but did not receive a response. In order to avoid a conviction, our Southeastern Trains solicitor would need to convince Southeastern trains to withdraw the court summons and offer an out of court settlement instead. July 14, 2014 in Public transport (Trains, tubes and buses). It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Nathan approached the case very professionally and covered every possible angle of it to ensure a positive result with no criminal conviction, which I'm very happy to say we got. - Paying by cash or bank transfer??? I was impressed by Nathans communication, his efficiency and how quickly he conducted and concluded the matter. In the circumstances, the company agreed to an out-of-court settlement. Dear Nathan Seymour Hyde, thank you so much for representing me on my fare evasion case. It may seem like an easy way to save a couple of bucks: jumping the turnstile to get a free ride on the subway, or sneaking through the back doors of a city bus or streetcar. To have a criminal record for fare evasion, you must be found guilty of an offence or plead guilty at Court. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. 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. Been offered a courtesy car? The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. When interview I admitted to travelling and to the officers suggestion that this was intended. It was a foolish and uncharacteristic mistake on my part wherein I did not realise the rail pass was expired until I showed it to the inspector. It was a very anxious time for us as a family. Kln Hbf to Brussel Zuid is served by both Thalys (which might be calling itself Eurostar by then) and ICE high speed trains. Through our conversation, he informed me of all of the possibilities of the case and explained his thought process and actions. Ah, now I can see what you're up against. by Dreaming_Magpie. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. I have managed to avoid a prosecution and get off with a warning, and Dear Nathan Seymour Hyde, thank you so much for representing me on my fare evasion case. Both operate market pricing so the cheapest tickets sell out first. Prosecutions - Transport for London By Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. For this I will always be grateful. Enter the email address you signed up with and we'll email you a reset link. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. In my From the moment I contacted Reeds I felt in safe hands. There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. I'm extremely happy with this outcome - I was so distressed thinking about everything. He was also incredibly prompt in his responses, even before he was formally on board with my case. Southeastern privately prosecute under two offences, depending on the circumstances: This is the most common charge. Different rail providers bring different charges under different laws depending on the circumstances. It may not display this or other websites correctly.