On Feb 19, 3:39 pm, Michelle
wrote:
I was caught using someone elses freedom pass instead of my own oyster
on London Underground. My details were taken but I wasn't given an on
the spot fine. I was told that I could be cautioned or prosecuted.
How long does it take before I hear from them? In what cases are
people more likely to be prosecuted as opposed to being cautioned? Do
they look for CCTV evidence and use the history of travel on the
freedom pass as evidence against you? I've also read that you could go
to prison and have a criminal record, how likely is this? What happens
if you're taken to court? I don't know what to do, I'm absolutely
terrfied of what could happen to me. Any answers or advice would be
appreciated. Thanks.



I can't answer all the questions about prosecution, although I would
guess that a caution was likely if you admit to everything and it's a
first offence, but to clarify one point, by "on the spot fine" I take
it that you mean a penalty fare.

A penalty fare is not a fine, and it should not be issued in a case
where fare evasion is suspected. It seems that the staff concerned
acted correctly and did not issue one in this case, because there was
suspicion of fare evasion.

It would have been wrong to issue penalty fare if fare evasion was
suspected, because it would make systematic evasion worthwhile (free
travel and the occasional £20 when caught).