📌 Key Takeaways
- A Single Justice Procedure Notice (SJPN) is a criminal prosecution document. TfL (Transport for London) commonly uses it to prosecute fare evasion / travelling without a valid ticket. It was introduced by the Criminal Justice and Courts Act 2015 (inserting Magistrates’ Courts Act 1980 s.16A) and is decided on the papers by a single magistrate with a legal adviser — no court hearing is required.
- ⚠️ Do not ignore it: if you fail to respond within the deadline, the case will be decided in your absence — you are very likely to be convicted, fined, and left with a criminal record, with no opportunity to put forward any mitigation.
- Deadline: you normally have 21 days from the date on the notice to respond. The deadline is strict and generally cannot be extended. Act immediately.
- There are three response options: ① plead guilty — decided on the papers (no hearing); ② plead guilty but submit mitigation / ask to attend court; ③ plead not guilty — the case transfers to a full hearing.
- ⭐ The most important step — seek an out-of-court settlement: for most TfL fare evasion cases, you can proactively contact TfL before the case is decided and request an out-of-court settlement / withdrawal of the prosecution (usually by paying the unpaid fare plus TfL’s administrative and legal costs). A successful settlement = no conviction, no criminal record — this is usually the best outcome.
- Why avoiding a conviction matters: a fare evasion conviction creates a criminal record and triggers the good character assessment when applying for ILR (indefinite leave to remain) / citizenship under Immigration Rules Part 9. In particular, Regulation of Railways Act 1889 s.5(3) (deliberate fare evasion) is a more serious offence. An out-of-court settlement produces no conviction and therefore generally need not be declared in an immigration application.
- If you were convicted in your absence without ever receiving the notice: you may be able to make a statutory declaration under Magistrates’ Courts Act 1980 s.14 — within 21 days of finding out — to set aside the conviction and restart the process.
- 2024–2025 context: a large number of rail and transport fare evasion SJP convictions have been quashed by the courts because the procedure was misused (for example, prosecuting charges ineligible for the SJP under the relevant legislation). Whether the correct procedure was used matters — if in doubt, seek legal advice promptly.
- Jurisdiction: the SJP and the procedures in this article apply to England and Wales; TfL prosecutions take place at a Magistrates’ Court in London.
Many members of the UK Chinese community receive a thick, all-English SJPN (Single Justice Procedure Notice) from TfL and are bewildered: it contains a “witness statement”, a “response form”, and a warning that a decision will be made if there is no reply. Common scenarios include: tapping with insufficient Oyster credit, forgetting to tap out, using a concessionary card that does not apply to you (such as someone else’s Freedom Pass or a student railcard), gate malfunctions, all treated as fare evasion.
This is not an ordinary penalty fare — it is the beginning of a criminal prosecution. Handled well (especially by seeking an out-of-court settlement), it is usually possible to avoid a criminal record. Handled poorly (ignored or a hasty guilty plea), it can result in a conviction that stays with you for years and affects your visa, ILR, or citizenship application.
This article explains: what an SJPN is, the 21-day deadline, the three response options, how to seek an out-of-court settlement, the impact of a conviction on immigration good character, how to use a statutory declaration to challenge a conviction made in your absence, and step-by-step actions after receiving a notice. All statutory references include links to legislation.gov.uk / gov.uk.
⚠️ First priority: Do not ignore it — and do not plead guilty online before you understand the consequences. Read your options, assess whether an out-of-court settlement is achievable, and if necessary seek advice from a solicitor or CVF without delay — 21 days passes quickly.
Key legal authorities:
- Criminal Justice and Courts Act 2015 (creating the Single Justice Procedure)
- Magistrates’ Courts Act 1980 s.16A (single justice paper determination)
- Magistrates’ Courts Act 1980 s.14 (statutory declaration — setting aside a conviction made in absence)
- Regulation of Railways Act 1889 s.5 (travelling without a ticket / deliberate fare evasion — s.5(1) / s.5(3))
- TfL Railway Byelaws (byelaws — the strict liability offences most commonly used by TfL, including Byelaw 17 / 18): tfl.gov.uk byelaws
- Immigration Rules Part 9 (grounds for refusal — good character / criminal record)
- gov.uk — Respond to a Single Justice Procedure Notice
1. What is an SJPN, and why does TfL use it?
The Single Justice Procedure (SJP) is a streamlined, paper-based criminal process:
- It applies to summary-only, non-imprisonable minor offences;
- A single magistrate, assisted by a legal adviser, decides the case on the papers — no public hearing, no courtroom;
- TfL uses it to prosecute fare evasion / travelling without a valid ticket.
An SJPN typically contains:
| Item | Details |
| Charge | The specific offence (usually a railway byelaw, or RoRA 1889 s.5) |
| Evidence | TfL inspector’s witness statement, tap records, etc. |
| Response form | Asking you to plead guilty or not guilty, whether you wish to attend, and your account of events |
| Deadline reminder | Usually 21 days |
📌 Distinguish between the two types of offence: TfL most commonly prosecutes under railway byelaws — these carry strict liability, meaning that regardless of intention, the absence of a valid ticket is sufficient to establish the offence, though the byelaw offences are relatively minor. Regulation of Railways Act 1889 s.5(3) (deliberate fare evasion) is more serious, involves an element of dishonesty and intent, and has a greater impact on immigration good character.
2. ⚠️ Do not ignore it — consequences of not responding
| If you… | Outcome |
| Do not respond | The court decides in your absence and will very likely convict you, impose a fine, costs, and a victim surcharge; you have no opportunity to put forward any mitigation |
| Plead guilty online without reading the notice properly | You may miss the opportunity for an out-of-court settlement and acquire a criminal record that could have been avoided |
| Respond promptly and correctly | You have the opportunity to settle out of court (no conviction), advance a valid defence, or put forward mitigation |
📌 The fine is calculated by reference to your income — if you do not provide your income details, the court may impose a higher fine based on an assumed income. But more significant than the fine is the criminal record and its knock-on effect on your immigration status.
3. The 21-day deadline
- You must usually respond within 21 days of the date on the notice;
- This deadline is strict and generally cannot be extended;
- Act immediately on receipt: read the charge, assess whether an out-of-court settlement is viable, and if necessary contact a solicitor or CVF the same day.
⚠️ Failing to update your address after moving is a common pitfall: TfL and the court serve documents to the registered address, so you may never receive the notice — yet service may still be deemed valid in law. If you have moved house, be especially vigilant (and see Section 7 on the statutory declaration).
4. The three response options
| Option | What it means | When it is appropriate |
| ① Plead guilty (no hearing) | Admit the charge; the magistrate decides on the papers and imposes sentence | The facts are clear, you do not intend to contest, and an out-of-court settlement is not available or not needed (but always assess settlement first) |
| ② Plead guilty + submit mitigation / attend | Admit the charge but submit written mitigation or ask to attend court to explain your circumstances | There are genuine background factors, hardship, or a misunderstanding and you wish to reduce the penalty |
| ③ Plead not guilty | Deny the charge; the case transfers to a full Magistrates’ Court hearing (open court, with the opportunity to challenge evidence) | You have a genuine defence (e.g. you did have a valid ticket, the gate malfunctioned, mistaken identity) |
📌 Pleading guilty is not your only option: many people assume that because they did tap incorrectly, they should simply plead guilty. But a guilty plea results in a conviction. Before pleading guilty, always ask first: is an out-of-court settlement available? (See Section 5.)
5. ⭐ The most important step: seeking an out-of-court settlement
For most TfL fare evasion cases, TfL may agree to an out-of-court settlement (also referred to as a revenue settlement or special arrangement):
| Key point | Details |
| How to do it | Before the case is decided, proactively contact TfL’s prosecutions or revenue enforcement team in writing, explain your circumstances honestly, express your willingness to pay the outstanding fare and cover TfL’s costs, and request withdrawal of the prosecution |
| Typical terms | Pay the unpaid fare + TfL’s administrative, investigation, and legal costs |
| Outcome | TfL withdraws or does not proceed with the prosecution → no conviction, no criminal record |
| Timing | The sooner the better — raise it within the response deadline and before the magistrate decides the case |
📌 Why this is usually the best outcome: an out-of-court settlement produces no conviction, so it will not create a criminal record and generally need not be declared in a visa, ILR, or citizenship application. It requires you to act proactively, courteously, and promptly, presenting helpful context (first offence, genuine misunderstanding, immediate willingness to pay the correct fare, and so on).
⚠️ Settlement is not guaranteed: it is at TfL’s discretion. Repeat offenders, deliberate fare evasion (s.5(3) cases), or more serious circumstances may be refused. A well-drafted letter with supporting evidence significantly improves the prospects — this is precisely where a solicitor or CVF can assist.
6. Why avoiding a conviction matters — immigration good character
For members of the UK Chinese community, the greatest risk of a fare evasion conviction is not the fine, but the impact on immigration status:
| Area of impact | Details |
| Immigration good character | Applications for ILR (indefinite leave to remain) or British citizenship require the applicant to satisfy the good character requirement. Under Immigration Rules Part 9, a criminal conviction — especially one involving dishonesty such as s.5(3) — is a serious suitability concern and may lead to refusal |
| Criminal record | A conviction creates a record; depending on the circumstances it must be declared honestly for a period of time |
| Employment / DBS | Certain occupational background checks may reveal the conviction |
📌 The core logic: out-of-court settlement = no conviction = generally no obligation to declare in an immigration application; conviction (even for a small fine) = a record = something you may have to address in a visa, ILR, or citizenship application. This is why “paying to settle rather than risking a conviction” is the right choice for many people in the Chinese community.
7. If you were convicted in your absence without ever receiving the notice — statutory declaration
If you discover after the event (for example, from a court fine enforcement notice or a check of your records during a visa application) that you were convicted in your absence under the SJP, and you genuinely did not receive the notice at the time (for example, because you had moved):
- You may make a “statutory declaration” under Magistrates’ Courts Act 1980 s.14, declaring that you were unaware of the proceedings;
- If accepted, the original conviction and fine are usually set aside and the proceedings reset (allowing you to respond afresh, or to seek a settlement);
- Deadline: you must normally make the declaration within 21 days of the date on which you became aware; if made later, you will need to explain the delay.
⚠️ The statutory declaration must be sworn formally (before a magistrate, a solicitor, or a notary). The procedure has specific requirements and it is advisable to do this with the help of a solicitor or CVF.
8. 2024–2025 context: quashed fare evasion convictions
In recent years a large number of rail and transport fare evasion SJP convictions have been quashed by the courts because the procedure was misused — the typical problem being that prosecuting authorities used the SJP for charges that were not eligible for that procedure (for example, bringing proceedings under the Regulation of Railways Act 1889 where the SJP was not available for those charges).
📌 What this means for you: whether the correct procedure and charge were used may itself be a ground of challenge. If you have already been convicted under the SJP and you suspect the charge or procedure was wrong, do not assume there is nothing to be done — seek legal advice promptly and assess whether the conviction can be set aside or appealed.
9. Step-by-step actions after receiving an SJPN
- Do not panic, and do not ignore it — note the date on the notice and count forward 21 days.
- Read the charge: is it a byelaw (strict liability, less serious) or RoRA s.5(3) (deliberate, more serious)? Read the evidence carefully.
- Assess an out-of-court settlement: for most cases this should be the first thing you try — contact TfL in writing promptly, explain your situation honestly, offer to pay the fare and costs, and request withdrawal of the prosecution.
- If settlement is not available or is rejected: choose carefully among the three options; before pleading guilty, think through the consequences of a conviction.
- If you have a genuine defence (valid ticket, gate malfunction, mistaken identity) → consider pleading not guilty and preserving your evidence.
- If convicted in absence and you did not receive the notice → assess the s.14 statutory declaration.
- If you are on a route to ILR, citizenship, or a visa application → treat this as a priority; seek to avoid a conviction above all else; consult a solicitor or CVF as early as possible.
10. Common scenarios for the UK Chinese community
| Scenario | Advice |
| Insufficient Oyster credit / forgot to tap out / tapped the wrong card | Typically a settleable situation — contact TfL promptly to request an out-of-court settlement, pay the fare and costs |
| Used someone else’s concessionary card (Freedom Pass / student railcard) | More sensitive (may involve dishonesty) — seek legal advice quickly, pursue settlement, and avoid an s.5(3) conviction |
| Currently applying or about to apply for ILR / citizenship | A conviction affects good character — prioritise avoiding a conviction and pursue settlement seriously |
| Have moved house; suddenly receive a court fine notice | You may have been convicted in your absence — assess the s.14 statutory declaration to set aside the conviction |
| Limited English; cannot understand the thick notice | Do not let the deadline pass — contact CVF for help understanding and responding |
Circle Vision Foundation services
Circle Vision Foundation (CVF) provides assistance to members of the UK Chinese community on SJPN / fare evasion prosecution matters:
- Notice interpretation — understanding whether the charge is a byelaw or RoRA s.5, what the evidence shows, and what the deadline is
- Out-of-court settlement assistance — drafting a bilingual settlement request letter to TfL, with relevant background and supporting evidence
- Response form guidance — analysis of the pros and cons of each of the three options, and assistance completing the form accurately
- Mitigation drafting — if you do decide to plead guilty, help preparing a mitigation statement
- Statutory declaration assistance — if convicted in absence, help assessing and making an s.14 declaration
- Immigration impact assessment and referral — assessing the effect of a conviction on ILR or citizenship applications, and referral to a criminal or immigration solicitor where necessary
Contact details:
- Email: [email protected]
- Address: 5th Floor, 167-169 Great Portland Street, London, W1W 5PF
- Website: circle-vision.org/contact-us
📌 Jurisdiction and version note
- Scope: the Single Justice Procedure and the processes described in this article apply to England and Wales; TfL prosecutions take place at a Magistrates’ Court in London.
- Version: based on the Criminal Justice and Courts Act 2015, Magistrates’ Courts Act 1980 (s.16A / s.14), Regulation of Railways Act 1889 s.5, TfL Railway Byelaws, and the current Immigration Rules Part 9 (reflecting the position as at May 2026).
- Key reminders: respond within 21 days; prioritise an out-of-court settlement to avoid a conviction; a conviction will affect immigration good character; if convicted in absence, an s.14 statutory declaration may be available.
- This article is not legal advice — it is an explanatory guide only. For specific circumstances, please consult a solicitor or Circle Vision Foundation (CVF). This article is intended to help you respond to a prosecution notice you have already received in a lawful and appropriate way.
Version and disclaimer:
- Jurisdiction: England and Wales
- Sources: legislation.gov.uk (Criminal Justice and Courts Act 2015, Magistrates’ Courts Act 1980, Regulation of Railways Act 1889) + gov.uk (Single Justice Procedure, Immigration Rules Part 9) + TfL Railway Byelaws
- Last verified: 2026-05-31
- Published by: Circle Vision Foundation (England & Wales registered charity no. 1209727)
- Feedback and corrections: if you believe any information is out of date or inaccurate, please email [email protected] and we will verify and update within 14 days.
