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Thousands of rail fare prosecutions to be overturned following landmark ruling on legal process

August 15, 2024

Trainline has announced a remarkable surge in operating profit, exceeding 100 per cent growth last year, propelled by robust ticket sales, according to its latest annual results.

As many as 74,000 prosecutions for alleged rail fare evasion in England and Wales are set to be quashed following a landmark ruling that found the legal process used by UK train companies was improper.

The UK’s chief magistrate, Judge Paul Goldspring, ruled on Thursday that the single justice procedure (SJP), which allows magistrates’ hearings to be conducted behind closed doors, should never have been applied to these cases.

The ruling came after six test cases were declared void, prompting a review of all similar prosecutions. Authorities, including the Department for Transport (DfT) and various rail operators, must now compile a list of those affected by the end of September, with the intention of contacting them to resolve the cases.

The SJP, typically used for minor offences such as non-payment of TV licences, was inappropriately used by train companies to fast-track fare evasion cases. This procedure, introduced under the Criminal Justice and Courts Act 2015, bypasses public hearings and has been criticised for lacking transparency and fairness.

In response to the ruling, Northern Trains and Greater Anglia, both involved in the improper prosecutions, issued apologies. Northern Trains welcomed the judgment, emphasising their commitment to treating all passengers fairly.

Christian Waters, a passenger who faced a similar legal battle over a £3.50 fare, expressed satisfaction with the ruling, describing it as “complete vindication.” His case, like thousands of others, highlighted the flaws in the SJP process.

The process of refunding fines and quashing convictions is expected to take months, as courts and train companies work to identify and contact those affected. Despite the ruling, legal experts have stressed that this does not give people a free pass to evade train fares, as train companies can still prosecute fare evasion through other legal channels.

The ruling has prompted calls for reform of the SJP, with the Magistrates’ Association acknowledging the need for improvements to protect vulnerable individuals from potential harm caused by the current system.