Samir Moftah from Manak Solicitor Breaks Down the Northern Rail Case: What You Need to Know

Manak Solicitors’ Fare Evasion Lawyer Discusses High-Profile Northern Rail Case on BBC News

We’re proud to share that our Fare Evasion Solicitor, Mr Samir Moftah, recently appeared on BBC News to offer his legal expertise on the high-profile Northern Rail fare evasion case. The case has drawn significant public attention, raising essential questions about how fare evasion is prosecuted in the UK.

Understanding Fare Evasion and Legal Implications

In his commentary, Mr Moftah explained that failing to have a valid ticket under railway bylaws is a strict liability offence. This means that train companies are legally entitled to pursue prosecutions, even when it is unclear whether the individual intended to evade payment. Train companies often rely on these bylaws to bring private prosecutions, staying within their legal rights. However, as Mr Moftah emphasised, these prosecutions must still follow the Code for Prosecutors, which includes two key stages:

1. The Evidential Stage: Ensuring there is enough evidence to support the case.
2. The Public Interest Stage: Deciding whether prosecuting is in the broader public interest.

Fare evasion often satisfies both criteria, making it a frequent target for prosecution.

Discretion in Prosecution Decisions

Mr Moftah also highlighted the ongoing debate surrounding how tickets are issued and worded, leading to occasional confusion and unintentional fare evasion. In such cases, prosecutors have discretion in resolving the matter. They may choose to:

• Settle outside of court with an administrative fee and the full fare payment,
• Withdraw the case, or
• Proceed with prosecution.

A successful prosecution would result in a criminal record for the individual involved.

Looking Ahead

As discussions about fare evasion continue, Mr Moftah’s expert insight underscores the importance of understanding both the legal framework and the discretion available to prosecutors. His appearance on BBC News reflects Manak Solicitors’ commitment to staying at the forefront of critical legal issues affecting the public.

For more information or to watch the full broadcast, click here.