Fare evasion & DBS

Does Fare Evasion Show on a DBS Check?

Summary

Whether a fare evasion conviction appears on a DBS check depends on which legal route the prosecution used. Section 5 of the Regulation of Railways Act 1889 convictions are recorded on the Police National Computer and will appear on a basic DBS check. Railway byelaw convictions — used by TfL and some other operators — are generally not recorded on the PNC and will not normally appear on a basic DBS check, though enhanced disclosure is a separate consideration.

The two types of prosecution

Section 5 and byelaw — the key difference.

Fare evasion in England is prosecuted under two different legal routes, and which route was used has a direct bearing on whether a conviction appears on a DBS check.

Section 5(3) of the Regulation of Railways Act 1889 — used by most National Rail operators including West Midlands Railway, Avanti West Coast, Chiltern Railways, CrossCountry, Northern, and TransPennine Express (via Transport Investigations Limited in some cases). A section 5 conviction is recorded on the Police National Computer (PNC) and will appear on a basic DBS check. It is treated as a standard criminal conviction.

Railway byelaws (Byelaw 18(1) and 17(1)) — used by Transport for London (TfL) and some other operators including Govia Thameslink and Greater Anglia. Byelaw convictions are generally not recorded on the PNC in the same way as section 5 convictions. They will not normally appear on a basic DBS check.

Basic vs enhanced DBS

The difference matters.

A basic DBS check shows unspent convictions on the PNC. A section 5 fare evasion conviction will appear on a basic DBS check. A byelaw conviction generally will not.

An enhanced DBS check is more detailed. It includes spent convictions in some circumstances and may include other information held by the police that is relevant to the role applied for. Whether a byelaw fare evasion conviction appears on an enhanced DBS check depends on the circumstances of the case and the specific role. It is not possible to state categorically that a byelaw conviction will never appear on an enhanced check.

Standard DBS checks (used for certain regulated roles) sit between basic and enhanced and show both spent and unspent convictions for certain offences. Fare evasion offences are unlikely to appear on a standard DBS check unless the role specifically calls for their disclosure.

Spent convictions

When do convictions become spent?

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

Enhanced DBS checks can include spent convictions in certain circumstances, depending on the nature of the role.

Frequently asked questions

Common questions

Will a fare evasion conviction appear on my DBS check?
It depends on how you were prosecuted. A conviction under section 5(3) of the Regulation of Railways Act 1889 is recorded on the Police National Computer and will appear on a basic DBS check. A conviction under railway byelaws (used by TfL and some other operators) is generally not recorded on the PNC and will not normally appear on a basic DBS check, though enhanced disclosure is a separate consideration.
Does a TfL fare evasion conviction show on a DBS check?
TfL prosecutes under railway byelaws rather than section 5. A byelaw conviction is generally not recorded on the PNC and will not normally appear on a basic DBS check. However, enhanced DBS checks are more detailed and whether a byelaw conviction appears on an enhanced check depends on the specific circumstances and role.
How long does a fare evasion conviction stay on my record?
For a fare evasion offence resulting in a fine, the rehabilitation period under the Rehabilitation of Offenders Act 1974 is one year from the date of conviction. After one year, the conviction is spent for basic DBS purposes and will not normally be disclosed. Enhanced DBS checks can include spent convictions in certain circumstances.
I work in healthcare — will a fare evasion conviction affect my DBS check?
Healthcare roles typically require enhanced DBS checks. Whether a fare evasion conviction appears on an enhanced DBS check depends on the nature of the conviction and the specific role. A section 5 conviction is more likely to appear than a byelaw conviction. David advises on the specific DBS implications for healthcare professionals.
Can I avoid a conviction appearing on my DBS by settling out of court?
Yes. If pre-summons representations result in the operator deciding not to proceed with a prosecution, no conviction is entered and nothing appears on a DBS check. This is the most effective way of protecting your DBS record. David makes pre-summons representations to rail operators and their prosecution agents on behalf of clients across England.

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