Private prosecutions that have been carried out by the TFL
Request ID: FOI-3728-2324 Date published: 02 May 2024
You asked
Dear Sir/Madam,
I am writing in relation to a request under the Freedom of Information Act. Specifically, I want ask the following:
1. Broken down for the financial years 18/19, 19/20, 21/22, 22/23 and 23/24, could I ask for the number of private prosecutions that have been carried out by the TFL?
2. The percentage of these cases that resulted in a prosecution.
3. The total value of fines handed to those successfully convicted broken across the same five financial years.
I am happy to discuss further over the phone - my number is xxxx - and thanks for your consideration. Apologies in advance if this is not something you handle. If this is the case, would you mind forwarding this on to the right person, please?
Clarification received 25/01/2024: Thanks very much for getting in touch back to me. We are looking at all private prosecutions as part of this request.
We answered
TfL Ref: FOI-3728-2324 Thank you for your request received by Transport for London (TfL) on 19th January 2024 – as clarified on 25th January 2024 - asking for information about private prosecutions carried out by TfL. 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 in relation to a request under the Freedom of Information Act. Specifically, I want ask the following:
Broken down for the financial years 18/19, 19/20, 21/22, 22/23 and 23/24, could I ask for the number of private prosecutions that have been carried out by the TfL?
The percentage of these cases that resulted in a prosecution.
The total value of fines handed to those successfully convicted broken across the same five financial years.”
I can confirm that we hold the information you require, which is provided in the table below. The vast majority of prosecutions (over 96%) are for fare evasion but the figures provided below also include all other private prosecutions by TfL. TfL is determined to tackle fare evasion and it is vital that we deal with this as effectively as possible. This means using private prosecutions because they are often a faster, more effective way of tackling fare evasion cases which results in the same outcomes as cases prosecuted by the Crown. TfL believes that our process for using these prosecutions is robust in every case, and we will ensure that that the law is properly applied, that all relevant evidence is put before the court, and that all obligations of disclosure are complied with. We have recently rolled out tougher action to tackle fare evasion, as reported via the following press release: TfL rolls out tougher action on fare evaders and staff abuse with increased penalty fares and body worn cameras - Transport for London Please note that it is Magistrates that decide how much the fine is and any other costs that must be paid including compensation to the victim. Fines are retained by HM Courts & Tribunals Service (HMCTS). A fine is the most common form of punishment for an offence given by the criminal courts. The court sets the amount of a fine after considering how serious the offence is and how much money the offender can pay based on their means. Victim Surcharge is also retained by HMCTS. Revenue raised from the surcharge is used to fund victim services through the Victim and Witness General Fund. Prosecution costs, which is a contribution towards actual prosecution costs incurred, are paid to TfL when collected by HMCTS. Compensation for the agreed loss incurred or for injury to feelings are also granted in appropriate cases and paid to the victim (including TfL in fare evasion cases) when collected by HMCTS. All payments are made direct to the court, usually by agreed monthly instalment in accordance with payment plans agreed with the court. TfL receive monthly payments from the court for compensation and prosecution costs awarded as and when these are paid. Failure to pay and bad debts are chased by the Court's enforcement team.
Finally, regarding the data in the table below, please note that the number of prosecutions fell significantly during the pandemic as journeys fell and staff focused on enforcing rules on face coverings. Passenger numbers on the TfL network are still lower than they were before the pandemic (at around 80-85 per cent of pre-pandemic levels on Tuesday, Wednesdays and Thursdays). We also removed open boarding on buses (the ability to board buses through any door) during the pandemic which has led to a reduction in fare evasion on buses and subsequently the number of prosecutions.
2018/19
2019/20
2020/21
2021/22
2022/23
2023/24 (10 of 13 periods)
Qnty of private prosecutions
30,444
26,960
8,845
4,578
17,693
15,693
Qnty Convicted
29,259
25,657
8,425
4,361
16,470
14,255
% convicted
96.11%
95.17%
95.25%
95.26%
93.09%
90.84%
Fine
£5,507,627
£4,899,675
£1,425,769
£980,904
£3,031,118
£3,316,617
Victim Surcharge
£4,336
£752,566
£258,994
£145,150
£954,772
£962,098
Prosecution Costs
£6,096,389
£5,164,631
£1,398,481
£798,993
£3,689,699
£3,955,134
Compensation
£60
£260,869
£87,357
£164,617
£547,554
£797,851
Total
£11,608,412
£11,077,741
£3,170,600
£2,089,663
£8,223,144
£9,031,700
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
