Fare evasion prosecutions do not exist in a vacuum. Many of our clients come to us having evaded fares during periods of significant personal difficulty such as mental health crises, neurodivergent conditions or financial hardship arising from disability. These factors can be powerful mitigation and in the right cases they can make a decisive difference.
Can mental health or disability be used as a defence? In some circumstances yes. Where a mental health condition directly caused the behaviour in question, for example where dissociation, an acute crisis or a recognised condition affected the person’s awareness or intention, this may go to the question of criminal intent. The more serious Section 5(1) offence requires proof of intent to avoid payment and evidence undermining that intent can be a genuine defence. For byelaw offences which are strict liability mental health and disability are more relevant as mitigation than as a legal defence but mitigation can still significantly affect the outcome.
What counts as strong mitigation? Courts and prosecutors take seriously a formal diagnosis from a GP, psychiatrist or clinical psychologist, evidence of treatment such as therapy or medication around the time of the offences, letters from mental health professionals or support workers and evidence that the circumstances have changed and the behaviour is unlikely to recur.
Can mitigation lead to a withdrawal of prosecution? Yes. In our experience operators and their legal agents are more receptive to withdrawing proceedings and accepting an out of court settlement where compelling personal mitigation is presented. A well drafted letter from a specialist solicitor supported by medical evidence can secure an outcome that no court submission could achieve.
Your Circumstances Matter, Instruct Samir Moftah Today. Samir Moftah at Manak Solicitors approaches every case with sensitivity and without judgment. If your mental health, disability or personal circumstances played a role in what happened Samir will ensure those factors are presented effectively to give you the best possible outcome. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
