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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69370
Experience:  Over 5 years in practice.
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I was travelling on a train and got into a row with the

Customer Question

I was travelling on a train and got into a row with the train conductor regarding fare, nothing major was said and it was dealt with. When I
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
got off the train there were PCSO's waiting to speak to me and my friend. We discussed what had happened with the guard etc and that we weren't threatening or abusive etc. they took our details and said someone would be in touch.
A week later I had a phone call from the investigating PC and he said that he wish to speak to me, I went for interview today as he said it was under investigation of section 5 as I threatened the guard. The guard has said I threatened to "kick his head in" which I did not say, we did get into a heated row about the train fare but in no way did I threaten him. I was interviewed today and it is going to CPS. I was just wondering what the likelihood of this will be?!
Expert:  Jo C. replied 1 year ago.

Hello, were there any witnesses to what happened?

Customer: replied 1 year ago.
No, well the train was packed full of people. However none of them were asked for statements and they said today in interview that no independent witnesses were asked for comments.
Customer: replied 1 year ago.
The CCTV footage has shown that we spoke for around 10 seconds - around the fare etc and that he put my change down on the floor and walked away. No one on the train turned to look and although no sound its clear that we were discussing but not getting aggressive - I was sat down for the whole conversation.
Expert:  Jo C. replied 1 year ago.

Are you asking if you will be charged?

Customer: replied 1 year ago.
Well it's gone to CPS. So was wondering what the likelihood of them pursuing a court summons would be?
Also if it did goto court what could be the outcome as I would plead not guilty.
Expert:  Jo C. replied 1 year ago.

Well, you have to be realistic. They will probably believe the guard.

If it is just S5 public order then I would hope they would just give you a fixed penalty fine rather than waste resources upon it. There are not many prosecutions for s5 now.

There are lesser railway bye law offences but they don't really add much to the situation.

In terms of the outcome, S5 only carries a fine even at court. The risk is costs.

I would never plead to S5 though. It is very easy to commit but usually allegations of S5 are so trivial that they are fairly easy to knock down in court. However, the capacity to do that does come with time and experience and there is no legal aid for this so you would have to pay privately which might be counter productive.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What will happen? Will I be issued a fine through the post or will I have to attend court?
Customer: replied 1 year ago.
Surely they would have offered me a fpn today at interview?
Expert:  Jo C. replied 1 year ago.

Not necessarily. They are probably getting CPS advice. If this is British Transport Police they don't seem to think FPNs are an option.

Customer: replied 1 year ago.
But if I plead not guilty what are my options? Will this go to court for something this trivial?
Expert:  Jo C. replied 1 year ago.

Yes, it could.

If it is just S5 public order then I would hope they would just give you a fixed penalty fine rather than waste resources upon it. There are not many prosecutions for s5 now.

There are lesser railway bye law offences but they don't really add much to the situation.

Customer: replied 1 year ago.
If CPS feel there's a case does it mean it will go to court or can the Btp offer a caution or fixed penalty notice
Customer: replied 1 year ago.
after cps have investigated and they think there is a case, would they offer me a fixed fine in the first instance rather than a court summons. Even if at interview today they never
Expert:  Jo C. replied 1 year ago.

They may do. Or they may summons.

Customer: replied 1 year ago.
with a summons it would mean going to court? Where I would most likely get a fpn?
Expert:  Jo C. replied 1 year ago.

Yes. You would only get an FPN at the police station. If it goes to court then it goes to court.