Request ID: FOI-2306-2122 Date published: 17 January 2022
You asked
Hi to whomever this may concern,
I am writing as part of a freedom of information request, whether a 17 year old can be legally prosecuted and fined for a matter of fare evasion
Thank you
We answered
TfL Ref: FOI-2306-2122
Thank you for your request received by Transport for London (TfL) on 10th January 2022 asking for information about prosecutions for fare evasion.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“I am writing as part of a freedom of information request, whether a 17 year old can be legally prosecuted and fined for a matter of fare evasion”.
The simple answer to your question is yes, a 17 year old can be fined and prosecuted for fare evasion. The age of criminal responsibility in the UK begins at 10 years of age and fare evasion is a criminal offence. However, that said, in practice TfL will not normally prosecute somebody who was under the age of 18 on the day of the offence. This is in line with the Home Office guidelines of diverting children and young people, where possible, away from the criminal justice system. More information on this subject can be found under Section 5 of the TfL ‘Revenue Enforcement and Prosecutions Policy’, a copy of which is published on our website here:
“5.1… where the offence is of a serious nature, TfL may prosecute or in appropriate cases refer such an offence to the Police. TfL considers the following offences to be of a serious nature: a) Assaults on staff or other Public Order offences b) Offences under The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 c) Criminal damage to TfL property d) Forgery and counterfeiting of TfL travel tickets and passes e) Illegal production/reproduction or sale of TfL travel tickets and passes TFL Revenue Enforcement and Prosecutions Policy TfL Unclassified Issued Date: October 2021 This supersedes any previous policy 6 MAYOR OF LONDON f) Using valued passes issued to TfL Employees / Freedom pass holders g) Repeat offences of any nature or offences committed after a previous warning h) Breach of an Injunction or Criminal Behaviour Order under the Anti-Social Behaviour Crime and Policing Act 2014.”
Note further that item (g) above refers to “repeat offences of any nature or offences committed after a previous warning”. TfL will consider all offences objectively in deciding whether to prosecute.
If this is not the information you are looking for please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
