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:

Level 2 fine (s.5(1) failing to produce ticket)
Level 3 fine and/or 3 months (s.5(3) travelling on railway with intent to avoid payment)


Offence range:

Conditional Discharge – Band C fine (s.5(1))

Conditional Discharge – Low level community order (s.5(3))

User guide for this offence

Step 1 – Determining the offence category

The Court should determine the offence category using the table below.

Category 1      Higher culpability and greater harm

Category 2      Higher culpability and lesser harm or lower culpability and greater harm

Category 3      Lower culpability and lesser harm

The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

CULPABILITY demonstrated by one or more of the following:

Factors indicating higher culpability

  • Aggressive, abusive or disruptive behaviour

Factors indicating lower culpability

  • All other cases

 HARM demonstrated by one or more of the following:

Factors indicating greater harm

  • High revenue loss

Factors indicating lesser harm

  • All other cases