Tube bosses have been accused of using “misleading scare tactics” in its efforts to crack down on fare evasion.
Transport for London (TfL) displays posters across London’s transport network warning passengers to scan in at the ticket barriers to avoid a £100 fine or criminal proceedings.
But the authority has been criticised for the wording of the posters, which suggest fare dodgers who are caught could end up with a “criminal record”.
It faces accusations of making “empty threats” and misleading the public, as fare dodging convictions are almost always “non-recordable”, meaning they will not appear on a convicted defendant’s criminal record.
Penelope Gibbs, director of charity Transform Justice, who first highlighted the wording on the posters, urged a rethink from transport bosses.
"No-one wants people to deliberately evade fares”, she said. “But TfL should not be using misleading scare tactics to reduce evasion.”
TfL denied misleading anyone, arguing that because courts keep a record of fare evasion prosecutions and a conviction may come up on someone’s future DBS check, the description “criminal record” is justified.
The posters seen around London read: “Fare evasion is a criminal offence. Make sure you touch in and out to avoid a £100 penalty or criminal record.”
Recent editions also include statistics that almost 27,000 penalty fares were handed out between January and July this year, and TfL brought more than 8,700 prosecutions.
It appears the “criminal record” claim was added to the posters in early 2024.
The row comes after a period of pressure on TfL to act on a perception of widespread fare evasion.
In May, Shadow Justice Secretary Robert Jenrick filmed himself chasing a few law breakers around Stratford station after they were seen pushing through the ticket barriers without paying.
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Jenrick said he was attempting to highlight a problem, while also using the stunt to attack Labour Mayor of London Sir Sadiq Khan.
Just this week, a video emerged of a hooded man with a bike pushing his way through the barriers at Bank Station, while more than a dozen station staff stood nearby and did not intervene.
The criticism over its posters is not the first time TfL has been accused of misleading statements in its efforts to tackle the problem of passengers failing to pay their fares.
In July last year, The Standard revealed flawed advice was issued by TfL for bus passengers accused of not paying their fare.
A “frequently asked questions” document, published online for as long as five years, claimed all fare evasion offences are “strict liability” — a legal term meaning that a suspected offender’s intention at the time is irrelevant and they “may be guilty simply by the fact you did not have a valid ticket”.
But the document failed to mention bus passengers can argue “reasonable excuse” for not having a ticket, and the advice may have persuaded many to plead guilty or not seek to fight their case in court.
TfL brings hundreds of criminal cases of suspected fare dodging to court each week, acting as a private prosecutor and using the fast-track Single Justice Procedure.
The government is currently considering reforms to private prosecutions, including the possibility of an independent regulator to monitor standards.
It is also mulling over changes to the scandal-hit Single Justice Procedure, in which magistrates sit in private rather than open court, convict defendants based on written evidence only, and issue fines in hearings that sometimes last just a matter of seconds.
Ms Gibbs said the “unjust” SJP system is shrouded in secrecy for the general public, convictions for fare evasion “will never be publicly available”, and she said this reinforces the need for prosecutors like TfL to be accurate and honest at all times.
Court records show that last week TfL brought 592 criminal prosecutions in the Single Justice Procedure against people accused of fare dodging.
More than 75 per cent of defendants did not engage with the court system to enter a plea to the charge they faced.
Magistrates handed out fines ranging from £40 to £440.
When TfL was first contacted by The Standard about the wording of its posters, it suggested fare evasion can be prosecuted using the byelaws of the transport network – which is non-recordable – or using the Regulation of Railways Act 1889 which would lead to an offence going on a criminal record.
However, a Freedom of Information request – together with a search of London’s court records - revealed that TfL has not brought any prosecutions under the Regulation of Railways Act this year.
A TfL spokesperson then told The Standard: "Fare evasion is a criminal offence and can result in a criminal conviction.
“While the vast majority of fare evasion cases are non-recordable offences, they are still criminal convictions and will be documented in court records.
“They may also appear on Standard and Enhanced DBS checks.
“This can have implications for employment and other areas where background checks are required.”
The government closed a consultation on private prosecution and SJP reform at the start of May. Nothing has been announced in the four months that have followed.
