The Director of Public Prosecutions has intervened to end a prosecution for fare evasion brought by Transport for London, following representations drafted by Carolina Bracken.
Carolina referred the case to the DPP on the basis that when commencing proceedings, TfL had failed to consider whether the prosecution of her client of good character was in the public interest. She argued that TfL had conflated the public interest in prosecuting her client with the general public interest in combating fare evasion. This resulted in undue emphasis on the scale of fare evasion by the prosecutor rather than consideration of the particularities of this individual case. In addition, she argued that it would be disproportionate to prosecute the defendant as this would lead to a permanent criminal record, which would have serious implications for her future career.
The DPP accepted the representations that the prosecution was not in the public interest. Accordingly, the prosecution was taken over and proceedings against Carolina’s client were discontinued.