Other station matters
Railway fare evasion
Regulation of Railways Act 1889, s.5
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- See the statute and Sentencing Council guideline for the current maximum.
Actus reus
- Travel or attempt to travel on a railway without having previously paid the fare, with intent to avoid payment; or knowingly and wilfully go beyond the distance paid with intent to avoid the extra fare; or give a false name or address after failing to pay (Regulation of Railways Act 1889, s.5(3)).
Mens rea
- Intent to avoid payment (travel / excess-distance limbs). False name or address is the third limb.
Defences
Fare was paid · No intent to avoid payment (ticket machine, genuine confusion of route) · Not travelling on a railway
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Offence range Conditional Discharge - Band C fine (s.
At the police station
Byelaw boarding-without-a-ticket cases are not automatically s.5(3). Read the charge. Summary fine only on the 1889 Act limb.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Regulation of Railways Act 1889, s.5 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗