Tuesday, November 5, 2024

Thousands of rail fare prosecutions set to be quashed

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As many as 74,000 prosecutions for rail fare evasion in England and Wales are set to be quashed following a landmark ruling.

UK rail companies had been fast-tracking alleged ticket dodging offences using a process called the single justice procedure (SJP), which allows magistrates’ hearings to be held behind closed doors.

But on Thursday, the UK’s chief magistrate, Judge Goldspring, declared six test cases as void, saying the SJP should never have been used.

The exact number of similar cases that will need to be quashed is still unclear.

Authorities including the Department for Transport as well as train companies will now have to agree a list of all people whose prosecutions could be overturned by the end of September.

A hearing later this year will decide which other prosecutions can also be declared void.

Judge Goldspring said that a team would be in place by November “to begin the work of recovering the money paid and refund the money to individuals”.

“There are discussions ongoing with all the parties about how that may be paid,” he added.

He said he thought four train companies were involved in the process, but was not able to identify them.

However, in a hearing last month both Northern Trains, the government-owned operator, and Greater Anglia apologised for using SJPs.

In a summary of his judgment, Judge Goldspring said: “Parliament did not envisage these offences being prosecuted through the SJP.

“They should never have been brought through that process.”

Northern stated it “welcomed” the ruling, adding: “We would like to apologise again for the errors that have occurred.”

It also said: “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.”

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