Thousands of prosecutions for alleged fare evasion brought by train companies are set to be declared void after a judge’s ruling.
Four train companies including Northern Rail and Greater Anglia brought prosecutions against thousands of passengers using the controversial 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 put in place 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.
It is understood those affected will be contacted directly and given further instructions.
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.”
A Government spokesperson said: “We acknowledge the Chief Magistrate’s judgment and welcome the apology from train operators. While fare evasion should be tackled, the right process should be followed at all times.
“The people affected will be directly contacted in due course to resolve the cases in accordance with the judgment.”
The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court.
But the Magistrates’ Association has previously said “there are concerns” that cases are being brought before magistrates without prosecutors, such as the DVLA or TV Licensing, reading mitigations, and that many of its members are “uncomfortable” with the system.
The same month, then Justice Secretary Alex Chalk told Parliament that although he believed the SJP “works well”, there were issues surrounding transparency which needed “recalibrating”.
Last year, 787,403 criminal cases were dealt with by magistrates’ courts under the SJP.
Rail companies were permitted to use the SJP in 2016 to prosecute privately fare evaders, but the Evening Standard reported several of these cases were brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.
At the hearing in July, Brian O’Neill KC, representing Northern Rail, said both his company and Greater Anglia “recognise there was no power” to pursue such prosecutions.
He said: “We are all in agreement that the proceedings which were brought by the single justice procedure were a nullity.”
In written submissions for the earlier hearing, Greater Anglia said it acknowledged “a series of significant errors” had occurred and wanted to “apologise unreservedly” to those affected.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article