To quote from:
http://www.cps.gov.uk/legal/section9/chapter_d.html#_Toc44579902"Fare Evasion
You will often have a choice between specific legislation relating to the form of transport, and proceedings under the Theft Act 1978, or Forgery and Counterfeiting Act 1981. <See The Theft Acts and Forgery & Counterfeiting, elsewhere in this guidance>.
Section 5 Regulation of Railways Act 1889 <Stones 7-7043> is usually used for offences of fare evasion on the railways for:
* travelling/attempting to travel on a railway without having previously paid the fare and with intent to avoid payment thereof; or
* having paid the fare for a certain distance, knowingly and wilfully proceeding by train beyond that distance without previously paying the additional fare for the additional distance and with intent to avoid payment thereof; or
* having failed to pay the fare, giving in reply to a request from an officer of a railway company a false name and address.
Section 103(a) Railway Clauses Consolidation Act 1845 <Stones 7-7001> covers a person refusing to quit a carriage on arrival at the point to which he has paid his fare.
Both Section 5 and Section 103(a) are summary only offences. "Intent to avoid payment" in Section 5 does not mean a dishonest intent, but an intent to avoid payment of the sum actually due.
There are provisions in bye-laws which cover fare evasion, but in the vast majority of cases it will be appropriate to use the Section 5 offence.
Consider using the provisions of the Theft Act 1978, especially Sections 2 and 3, where there is evidence of premeditation, or persistence, or repeat offending, or large loss by the transport authority.
Where tickets have been altered or defaced consider a charge under the Forgery and Counterfeiting Act 1981."
