TfL Ref: FOI-2527-2425
Thank you for your request received by Transport for London (TfL) on 6th November 2024 asking for information about TfL’s use of single justice procedure prosecutions.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
I can confirm that we hold some of the information you require. Your questions are addressed in turn below:
Question A: Is not having a ticket on a bus a strict liability offence?
Answer: Fare evasion on a London bus is regulated by the Public Passenger Vehicles Act 1981 and the PSV (Conduct) Regulations 1990. The 1981 Act provides for a statutory defence for those accused of fare evasion where they have had a “reasonable excuse” for not having a ticket. Therefore, under the 1981 Act, bus fare evasion is not a strict liability offence. Where in doubt independent legal advice should be sought if considered necessary.
Question B: Have you sent pre and/or post-prosecution letters to defendants telling them that not having a valid ticket on a bus was a strict liability offence? If so, for how long and during what dates? Please include a copy of such letter/s?
Answer: It is not possible to answer these questions within the costs limit for responding to FOI requests, as set out under section 12 of the Freedom of Information Act. Under section 12, TfL is not required to provide information if it would cost more than £450 to determine if the requested information is held, and to then locate, retrieve or extract that information from elsewhere. This is calculated at a rate of £25 per hour, equivalent to 18 hours work.
In this instance the exemption applies because the requested information has not been collated before and there is no quick or efficient way of doing so. Rather, we would have to manually review thousands of letters, which is not possible within the 18 hour limit. We can confirm that the standard letter template issued to those under investigation and being prosecuted for bus fare evasion does not include any such wording. However, without a manual review of all such letters we do not know whether any amendments may have been made to those template letters (TfL Investigator/Prosecutors have the option to adapt or tailor the standard letter template in correspondence).
There was an error made in a Frequently Asked Questions (FAQ) document that was issued to all defendants in bus fare evasion cases to assist the defendant in understanding our approach to prosecution. The FAQ document was in use between 1 January 2017 and 23 April 2019 but has since been withdrawn (see attached copy). That error was as follows:
FAQ: Does it matter that I committed the offence by accident/mistake?
Intention is not always inferred and you may be guilty simply by the fact you did not have a valid ticket.
Question C. Have defendants who were told their offences (not having a valid bus ticket) were strict liability offences and who were convicted of those offences been sent letters to say that the offences were not strict liability and if they wish to reopen their cases they may?
Answer: The FAQ (2017 version) document referenced above also stated that defendants should seek independent legal advice, and TfL is not aware that any defendants relied on the FAQ document to their detriment. Representatives of the Court service have also confirmed that the Court was always clear on the nature of bus fare evasion offences and ensured all matters were properly dealt with in accordance with the relevant legislation. The Court is responsible for considering any applications it receives to reopen cases.
Question D: Do you say travelling without a valid ticket on tube, train or tram is a strict liability offence? If yes can you quote the relevant legislation?
Answer: TfL considers fare evasion offences prosecuted under the TfL Byelaws as strict liability but we suggest independent legal advice is sought if in doubt.
Question E: The Solicitors Code of Conduct prohibits solicitors from acting for a person where a conflict of interest may arise. Given TFL is the victim of these crimes, and the prosecutor (which involves giving legal information to defendants) how does it deal with the potential conflicts of interest concerned?
Answer: TfL investigator/prosecutors do not provide legal information to defendants. The FAQ document provided to defendants does not constitute legal advice. Our FAQ (2017 version) document stated: "Where can I obtain advice? - You can seek advice from a solicitor or the Citizens Advice Bureau (CAB). Details of local solicitors and the nearest CAB are available from your local library or from any Magistrates’ court. Transport for London cannot give any advice with regard to completing the forms or on how you should proceed." Our current FAQ document (V2 SJP leaflet March 2022) is also attached and states “If you need help with your notice you can find a legal adviser at gov.uk/find-a-legal-adviser”.
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
