Thousands of rail fare prosecutions to be declared void after judge’s ruling
15 August 2024, 11:43 | Updated: 15 August 2024, 11:51
Thousands of prosecutions for alleged fare evasion brought by train companies are set to be declared void after a judge's ruling.
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Four train companies including Northern Rail and Greater Anglia brought prosecutions against thousands of passengers using the single justice procedure (SJP), despite not being permitted to do so.
At a hearing in June, Chief Magistrate Paul Goldspring told Westminster Magistrates' Court he believed the prosecutions were "void" and "probably unlawful", with lawyers for rail companies telling a further hearing last month they were "in agreement" the cases should be quashed.
In a ruling at the same court on Thursday, Judge Goldspring said six "test cases" should be declared a "nullity", so it was "as if as though the proceedings never existed".
Giving a summary of his judgment, he said: "Parliament did not envisage these offences being prosecuted through the SJP.
"They should never have been brought through that process. This is, to my mind, a paradigm nullity."
He continued: "I'm satisfied that the correct approach is to declare each of the prosecutions void and a nullity."
The exact number of those affected is currently unknown, with a previous hearing told around 75,000 people could have been prosecuted for fare evasion offences under the SJP.
Judge Goldspring said "the number seems to change every time I ask", but a figure of "over 74,000" is a "best guess at the moment".
Thursday's ruling only affects the six "test cases", with the judge putting in motion plans for the thousands of other prosecutions to be declared void in the same way.
Following his ruling, he said attempts would be made by HM Courts and Tribunals Service, the Department for Transport and the train operating companies to identify those affected in the coming weeks.
He said a list of those affected would aim to be compiled by the end of September, with the cases listed as a "bulk" hearing "by the end of October".
He said: "I will simply list them as a bulk listing, no parties required, and then I will then make a similar direction in relation to all these cases affected, so everybody is in the same position."
The judge said by the end of November, "a team will be out in place to begin the work of recovering the money paid and refund the money to individuals".
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"There are discussions ongoing with all the parties about how that may be paid," he added.
After the hearing, a spokesperson for Northern Rail said: "We welcome the judgment of the Chief Magistrate in court today. We would like to apologise again for the errors that have occurred.
"We will now work with the court to implement today's findings. We are unable to respond to individual inquiries in the meantime.
"Northern remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket."
