If your fare evasion case has been listed for a hearing at the magistrates’ court, either because you pleaded not guilty or requested to appear in person, you may be anxious about what to expect. This guide walks you through the process so you are fully prepared.
Where will the hearing take place? Fare evasion cases are heard in the magistrates’ court. The specific court will be listed on your court documents. Hearings are presided over by either a district judge, a legally qualified professional, or a panel of lay magistrates.
What happens on the day? You should arrive at the court building early, at least 30 minutes before your listed time. Upon arrival check in with the court usher who will direct you to the correct courtroom. If you are represented by a solicitor they will typically speak with the prosecutor before the hearing begins to explore whether the matter can be resolved by way of a guilty plea or whether there are any procedural issues to address. In court the magistrate will confirm your identity and that you understand the charge, take your plea if not already entered, hear any evidence or submissions and then either deliver a verdict if you have pleaded not guilty or proceed to sentencing.
What sentences can the magistrates’ court impose for fare evasion? The most common outcomes are a fine, typically calculated based on your income, a conditional discharge or an absolute discharge. In the most serious cases of deliberate long term evasion a community order may be imposed or very rarely a custodial sentence.
Will I get a criminal record? A conviction in the magistrates’ court, whether for a minor or serious fare evasion offence, results in a criminal record. A conditional or absolute discharge, while still technically a conviction in law, is treated more favourably for disclosure purposes in many contexts.
Going to Court? Instruct Samir Moftah first. Attending a magistrates’ court hearing unrepresented significantly increases your risk of a poor outcome. Samir Moftah at Manak Solicitors will represent you professionally, negotiate with the prosecutor on the day and present the strongest possible mitigation on your behalf. 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
