All penalty fare schemes are based on the principle that their victim is guilty until proven innocent. This violates Article 6 of the European Convention on Human Rights. Article 6 of the European Convention on Human Rights gives everyone the right to a fair and public trial.Punishment is imposed before any opportunity for defence and without even having to state the accusation (because there necessarily isn't one). However, refusal to accept a punishment, for which no accusation has been formulated, you can be charged with a crime (theft) according to the SRA. This contravenes Article 7 of the European Convention on Human Rights which states that "No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed."Is this correct and would it stand up in court as proof that any penalty fare is invalid?
Province/Country relating to question : United Kingdom
Researching the penalty fare rules 2002 and using various internet sources to find out more
HiThank you for your question and welcome to Just Answer. I will try to help with this.Is this for an assignment by any chance?
this is not for an assignment, I have been charged a penalty fare and am going to end up going to court for it, I have disputed it every step of the way but it has all fallen on deaf ears so I would like to be able to stand up to the travel company and say no
I'm very sorry but that argument won't stand up.PCNs have been considered by the higher courts and have been held to be compliant with Art 6.In any event, a prosecution is not a PCN. If you are being prosecuted then the PCN has gone away entirely and you are facing a tribunal in the normal way demanded by Art 6.
Bar Exams, over 5 years in practice
thank you very much for your help, it was not the answer I wanted but it has probably saved me from doing something very stupid
Just to add that it doesn't mean you cannot defend the proseuction.Its just that the Art 6 point is not a good one here.
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