Failure to pay - not (just) a rail travel matter

[whole diary]

[grahame]

From The Leader

Freedom of Information figures obtained from North Wales Police by the Leader reveals how many offences of making off without payment were reported to the force each year from 2017 to date in Wrexham and Flintshire.

Of the total 1,622 offences, the majority (1,175) took place at petrol stations.

But the figures reveal a number of other business types which were involved.

Over the five year period in question in Flintshire, there were 69 offences relating to streets or roads, 33 relating to taxis, 28 to restaurants, six to pubs, four to fast food businesses, and one to a golf course - among others including shops and public buildings, hotels and pet shops.

During that same time period in Wrexham, there were 82 offences relating to streets or roads, 45 to taxis, 37 to restaurants, seven to pubs, five to fast food businesses, five to supermarkets and two to hairdressers - among others, such as retail parks, repair garages and a launderette.

Rail and Bus are notable by their absence from this list - is that because of:
a. Passenger who do not pay are unlikely to be reported once they have left the station or bus after their journey
b. For rail at least, the reports go to the BTP^▸ (British Transport Police) rather than the force on which the FOI^▸ (Freedom of Information) was done
c. There is no problem with people making off without paying for a journey in the area

[Oxonhutch]

We have lawyers on the board (I am not) who might like to comment, but I think the two offences are different. The one reported is bilking - failure to pay for goods or services supplied in advance. I agree that failure to pay for a train journey is similar, but I suspect it is treated under the railway statute of not being in possession of a valid ticket.

[ChrisB]

Also, b) is relevant - the FOI^▸ (Freedom of Information) was not sent to the BTP^▸ (British Transport Police)

[eightonedee]

As a recently retired lawyer (albeit one that only dealt with criminal matters for a brief period in 1980/1!) I think Oxonhutch is right. The offence is "travelling on railway without paying fare, with intent to avoid payment", under the Regulation of Railways Act 1889. Making off without paying for something is an offence under the Theft Act 1978.

I expect Chris B has also hit on the other reason why "fare dodging" on the railway was not disclosed by the figures.