Will Fare Evasion Give Me a Criminal Record?

A conviction under section 5(3) of the Regulation of Railways Act 1889 is a criminal conviction. It is recorded on the Police National Computer (PNC) and will appear on a basic DBS check. It must be disclosed when asked in contexts that require declaration of criminal convictions (until it becomes spent). The maximum fine is £1,000.

Section 5 is used by most National Rail operators including West Midlands Railway, Avanti West Coast, Chiltern Railways, CrossCountry, Northern, and TransPennine Express. The prosecution must prove that you intentionally avoided paying the fare.

Railway byelaw convictions, used by TfL and some other operators, are generally not recorded on the PNC in the same way as section 5 convictions. They are not typically treated as criminal convictions for PNC purposes and will not normally appear on a basic DBS check. However, they may still appear on an enhanced DBS check in some circumstances.

TfL prosecutes under Byelaw 18(1) and 17(1). No intent is required — the offence is strict liability. Convictions under these byelaws are not treated as criminal convictions in the same sense as section 5 convictions, though the exact position depends on context.

Under the Rehabilitation of Offenders Act 1974, most criminal convictions become spent after a rehabilitation period. For a fare evasion fine, the rehabilitation period is one year from the date of conviction. Once spent, the conviction does not need to be disclosed in most contexts and will not appear on a basic DBS check.

Some roles and professions are exempt from the Rehabilitation of Offenders Act, meaning that even spent convictions must be disclosed. This includes most regulated healthcare, legal, and childcare roles.

The most effective way of avoiding a criminal record for fare evasion is to prevent a prosecution from being issued in the first place. Most rail operators and their prosecution agents will consider written representations from a solicitor before deciding whether to proceed. A persuasive set of representations can result in the operator deciding not to prosecute, avoiding any conviction, any criminal record, and any DBS disclosure.

David Roy makes pre-summons representations to rail operators and Transport Investigations Limited on behalf of clients across England. If you have received a letter from a rail operator or TIL, take legal advice before the response deadline.