Criminalization of offences

The criminalization processes for contravening the operator conditions of carriage are necessarily more bureaucratic than simple on-the-spot fixed penalties. Criminalization of offences requires the existence of clear and appropriate legislation [either nationally or as a local bye-law] that enables alleged perpetrators to be prosecuted for the offences and, if found guilty, to be awarded a judgment by the court.

The achievement of a successful prosecution is influenced by the criteria which govern the finding of guilt by the prosecutor. Therefore, it is important, that the admissible evidence applicable and the very precise legal processes to be observed in pursuing a prosecution are established and well understood by the inspectorate and management.
Prosecution requires evidence [and sometimes also witnesses] to corroborate the alleged offence, and often the intervention of the Police either at the scene or at the local Police Station. In some jurisdictions, either the legislation to address specific public transport fare-related offences do not exist or the application of general consumer law is inappropriate.

The challenge is often to get the Police and the judiciary to appreciate the magnitude of the cumulative impact of fare evasion on the public transport system, and not dismiss as trivial the value of the individual offence. However, a successful prosecution can usually be used powerfully by the operator to publicize locally [and also on the vehicles] the consequences of being convicted of evasion or fraud.