Reeds Solicitors is an award winning and leading top-tier criminal defence firm. Client B was a trainee chef. I then corrected him and gave him my current address. (4) For the purposes of this section, an offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if, (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on. You were really responsive, kind and professional. Whats more, it does not matter where in the country you are we can conduct all our meetings virtually. evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. A simple assertion of the fact may be insufficient, and the offenders demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc. Prosecutions act as a deterrent, in theory discouraging others from evading their fares. Railway fare evasion (Revised 2017) Regulation of Railways Act 1889, s.5 (3) (travelling on railway without paying fare, with intent to avoid payment); s.5 (1) (failing to produce ticket) Effective from: 24 April 2017 Triable only summarily Maximum Level 2 fine (s.5 (1) failing to produce ticket) No doubt no other specialist could have secured this level of success in such a short time, given the different advice they had all given me. JavaScript is disabled. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. Registered in England under company number 03266762 Registered Office address: 4 More London Riverside, London SE1 2AU. Nathan's advice was extremely valuable, and I am very glad I decided to get in touch with him for help. He will appear in court . Failure to respond will lead to the matter being progressed without further notification. Nathan helped us with a fare evasion case against our student son. Trains to St Andrews (Leuchars) Popular Routes Edinburgh to London London to Edinburgh Leeds to London Newcastle to London York to London London to Harrogate Our Stations London King's Cross Peterborough Durham Grantham Newcastle Doncaster All other stations Travel inspiration Recommended attractions An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. If having seen him write down the details from your old drivers licence you did not correct the inspector before he made a check, it could be considered that you hoped to avoid contact with the company by giving an old address, It's worth bearing in mind that not changing your address on a drivers licence immediately you move to a new permanent address is also an offence that can see you summonsed to Court. https://t.co/HZZW1gYdY4, Furniture Village faulty recliner advice needed please. He was very professional, he had great questions and ideas and he was also able to offer a consultation outside of normal working hours. Reforging Glory. The Southeastern prosecutor said that they would normally prosecute this type of case but that they were persuaded by the mitigation to offer an out of court settlement on this occasion. From the very first email they were extremely fast at responding. Nathan Seymour-Hyde phoned me very promptly about my situation and was sympathetic and easy to deal with. (3) So far as it relates to racial and religious hostility, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences). Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. Nathan, I want to thank you very much for all the support and guidance received to solve this matter. He arranged a meeting for the next business day, we spoke at length not only about the incident but about my background, and within 24 hours he had resolved the issue with the rail company. 2) If they summon me to court do I still have the ability to negotiate an out of court settlement or does this have to be done before they summon me? He acted quickly and decisively without wasting any time at all. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. By Forfeiture or suspension of liquor licence, 24. This factor may apply whether or not the offender has previous convictions. hakawaka92 On [DATE] a person giving the above name and address was questioned by a member of rail staff with regards to an alleged incident on Southeastern. Rail operator Southeastern has defended the out-of-court settlement as the quickest way to recover the fares. I didn't know what to do with myself. I found Nathan Seymour-Hyde incredibly professional, reliable and honest. You must find out exactly what the alledged Offence is, what Evidence the Prosecution has to support their claim, and exactly who is making the Prosecution against you (e.g. Does this count as providing false details under the law? No credible evidence supports this narrative. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). You can read reviews for our Southeastern Trains solicitor at the bottom of the page [click here]. Thanks Nathan Seymour-Hyde for your expertise in resolving my case with Chiltern Railways. I received a Notice of Intention to Prosecute from a train company saying that I would not only be fined but likely prosecuted for an invalidated ticket. Then will can draft written representations on your behalf, seeking an out of court settlement. +1800 456 789. train fare evasion out of court settlement. To find out more contact us at 800.838.9199 . (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be). This is a very successful way of achieving an out-of-court settlement which can then be ratified by the court. I was impressed by Nathans communication, his efficiency and how quickly he conducted and concluded the matter. The personal and effective responses made a difficult time a lot more bearable. I want to just pay the fine but not sure what else that will mean. SWR - staff abuse case - found Innocent - can I sue them to clear my name too now? Racial or religious aggravation statutory provisions, 2. 1. I cannot thank him enough for going above and beyond to ensure that this was resolved. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. Started October 17, 2022, By Nathan was very knowledgeable, he knew exactly what he was talking about. Let me explain my situation: I moved back home for a new job in December of last year in the hopes that I could save money to buy a house. He had been interviewed by Revenue Protection Inspectors in respect of an alleged breach of Railway Byelaw 20(1) - altering a ticket with intent to defraud. In general the more serious the previous offending the longer it will retain relevance. Dear Nathan Seymour Hyde, thank you so much for representing me on my fare evasion case. Over a. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. I just wanted to let you know about the response I had received today through the post. This is an opportunity to outline any relevant mitigation and address the circumstances of the ticket infraction. :footie: Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. I contacted Nathan with a short time-frame of a case that was being sought against me he responded promptly and acted quickly. The matter has been provisionally authorized for prosecution. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. He deals with the matter fast and we have got an amazing result with no criminal record. Step 1 Determining the offence category, Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity, Failure to comply with current court orders, Offence committed on licence or post sentence supervision, Serious medical condition requiring urgent, intensive or long-term treatment, Sole or primary carer for dependent relatives. Nathan handled the case expertly, relieving me of a huge amount of stress. He was amazing from beginning to end and would most definitely recommend him to anyone who found themselves in the position I did. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. I contacted Reeds Solicitors, and spoke with Mr. Nathan Seymour-Hyde, who handled my case. Disqualification from ownership of animals, 11. Vdto0o Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. However, what was even greater was his amazing advice. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles Sentencing Children and Young People. His comprehensive knowledge of the situation I was in, put me at ease and made me confident that he was the right person to help me. rememberthe court knows NOTHING about it until/unless the fleecer actually apply for BK. Using court process to achieve an out of court settlement If you bought the tickets electronically then the company will be able to work out the scale of the evasion as the records will make it clear. But cities are beginning to crack down on transit fare evasion. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. I could not recommend Nathan more strongly: he was an incredibly competent, professional, organised and sharp-witted solicitor, but also a kind and attentive person, who did much to not only fight my case but to reassure me and to help me understand exactly what he could do for me, and how the legal system would work in this case. Private FDR FDR stands for Financial Dispute Resolution. Download page 51-100 on PubHTML5. and even then it might not be real. Forfeiture and destruction of weapons orders, 18. Such a train ticket must be valid for travel for the ENTIRE journey. comments. The 39-year-old man on the scooter was charged with multiple offences, including one count each of stealing, forged legal document, fare evasion and obstructing police. Our criteria for developing or revising guidelines. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. What fare evasion offences could I be prosecuted for? Nathan Seymour-Hyde phoned me very promptly about my situation and was sympathetic and easy to deal with. He was stopped leaving a train station having travelled without a ticket. gemini and scorpio parents gabi wilson net worth 2021. train fare evasion out of court settlement. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. Sponsor Post - registered members do not see these adverts; But what precisely is the alleged offence? Northern Rail confirmed that they are offering me the opportunity of paying a fine with no criminal conviction. Either or both of these considerations may justify a reduction in the sentence. https://t.co/rTh3unzV2H, Ordinary Cause Action Claims Scotland - How To Respond Guide, How the Moon is making days longer on Earth, Arrow/Drydens PAPLOC Now Claimform - old MBNA Card debt, TFL SJPN - accidently tried to use wrong pass, I got caught using my mums freedom pass. I was facing possible prosecution by the TFL for fare evasion and, after seeing positive reviews, I chose Nathan Seymour-Hyde from Reeds Lawyers. He was very honest and though the odds may have been against us, he was able to come up with a good plan of action. He had been doing the same thing for over a year. Ah, now I can see what you're up against. The court should determine the offenders culpability and the harm caused with reference only to the factors below. (i) hostility towards members of a racial group based on their membership of that group. We will make it clear to persons reported for such offences that the facts will be . Throughout the process there was great communication between us and a week or so later, he informed me I was able to settle out of court with no criminal conviction. It isn't something that the rail company can pursue, but if identified by Police is another matter, Copyright Reclaim the Right Ltd - reg: 05783665 He was also incredibly prompt in his responses, even before he was formally on board with my case. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. If convicted, she may have been unable to practice as a lawyer. I received a Notice of Intention to Prosecute from a train company saying that I would not only be fined but likely prosecuted for an invalidated ticket. It was our first time we had contacted them as my child had committed serious offence with tfl. In order to avoid a conviction, our Southeastern Trains solicitor would need to convince Southeastern trains to withdraw the court summons and offer an out of court settlement instead. Again, this involves outlining relevant mitigation and addressing any issues with the ticket infraction(s). I have 14 days to respond and wish to try to settle out of court. This is a court hearing which would ordinarily take place within court proceedings and be conducted by a judge in court. please don't hit Quotejust type we know what we said earlier.. DCA's view debtors as suckers, marksand mugs, NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type. Nathan I would like to express my heartfelt gratitude to you for all the hard work you did on my behalf. Protect yourself read our used car guide. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). Immaturity can also result from atypical brain development. Very happy to have found this firm online. Before I proceed further, I invite you to respond by completing in full the bottom section of this letter, making any comments about the incident on the reverse, and send it to the above address within seven days. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months. When we contacted Nathan he responded right away letting me know he would help me. A new regime of fines for fare dodgers on GO Transit has been approved Thursday by the agency that runs the service as it attempts to recover more lost revenue. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. I couldnt recommend Nathan Seymour-Hyde and Reeds Solicitors more. (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) membership in relation to a racial or religious group, includes association with members of that group; (d) disability means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) presumed means presumed by the offender. From the moment I contacted Reeds I felt in safe hands. I didn't want to get convicted because of one silly mistake. The court summons may give you 21 days to enter a plea, or there may be a specified date in which you must attend court. Nathan at Reeds responded to me within hours of me contacting Reeds for help. Through our conversation, he informed me of all of the possibilities of the case and explained his thought process and actions. We understand that it is deeply concerning to face a prosecution, especially if a criminal record could have an impact on your job, future career plans or travel plans. My heart was pounding non-stop. He went beyond the time frame of the consultation and did not rush or make me feel pressured at any point. Travelling on railway without paying fare, with intent. Possession of a valid New York State Driver's License. The letter and evidence drawn up and presented was successful in withdrawing a court appearance and avoiding a criminal record. I have managed to avoid a prosecution and get off with a warning, and Dear Nathan Seymour Hyde, thank you so much for representing me on my fare evasion case. Nathan was very kind and caring, having empathy for my situation which was a massive help through the whole process. Many of the claims arising from train accidents are settled out of court. For legal advice and representation, please contact us through our contact page here. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise.