How to Respond to a Fare Evasion Interview Under Caution

Being invited to attend an interview under caution for fare evasion can be an intimidating experience. These interviews are conducted under the Police and Criminal Evidence Act 1984 (PACE), meaning what you say can be used in court. While fare evasion may seem minor, it is a criminal offence that can lead to a fine, prosecution, and a criminal record. Understanding the process and how to respond can make a significant difference to the outcome.

1. Understand What the Interview Is

An interview under caution is not the same as an informal conversation. It begins with the caution:

“You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.”

The interview is recorded, and your answers will be considered when the train operator or transport authority decides whether to prosecute.

2. Know Your Rights

Before the interview, you are entitled to:

• Legal advice – You can speak to a solicitor, and in many cases, free legal advice is available.
• Full disclosure – You can request details of the allegation, including the date, time, and location of the alleged offence.
• Time to prepare – You do not have to attend immediately; you can arrange a later date to get advice first.

3. Remain Calm and Professional

Even if you feel the accusation is unfair, keep your tone respectful. Avoid arguing with the investigator — focus on giving clear, truthful answers. Aggressive or evasive behaviour could be used against you.

4. Consider Whether to Answer Questions

You can:

• Answer all questions truthfully.
• Provide a prepared statement and then answer “No comment” to other questions.
• Say “No comment” throughout (although this can have consequences in court).

If you believe you are guilty, you may choose to admit the offence, which could lead to an out-of-court settlement rather than prosecution. If you believe you are innocent, explain your version of events clearly and stick to the facts.

5. Be Careful What You Say

Do not guess or speculate. If you are unsure of a detail, it is better to say, “I don’t recall” than to make something up. Any inconsistency can harm your credibility.

6. Ask About Settlement Options

Some train companies allow passengers to settle fare evasion allegations by paying the unpaid fare and administrative costs, avoiding court action. This is not guaranteed, but it’s worth asking about during or after the interview.

7. Follow Up in Writing

After the interview, you can submit additional written evidence — such as proof of ticket purchase, travel history, or mitigating circumstances — before a prosecution decision is made.

Final Thoughts

An interview under caution for fare evasion is serious, but how you handle it can greatly influence the outcome. Seek legal advice, prepare in advance, stay calm, and avoid saying anything you cannot prove. In many cases, showing genuine remorse or providing strong evidence in your defence can help avoid a criminal conviction.