Recent convictions brought by train companies are expected to be declared void following a significant judicial ruling.
The prosecutions, carried out by companies such as Northern Rail and Greater Anglia, were pursued under the Single Justice Procedure (SJP), which allows defendants to be convicted of minor offences without attending court despite this method not generally being approved for such cases.
The exact number of people prosecuted under the SJP for fare evasion remains unclear. However, in a June hearing, Chief Magistrate Paul Goldspring informed Westminster Magistrates' Court that he considered these prosecutions "void" and "probably unlawful." Last month, lawyers representing the rail companies agreed that these cases should be quashed.
In a ruling yesterday, Judge Goldspring declared six "test cases" to be a "nullity," effectively rendering the prosecutions as if they had never existed. He explained that Parliament did not intend for these offences to be prosecuted through the SJP, stating, "They should never have been brought through that process. This is, to my mind, a paradigm nullity." He further emphasised that the correct legal approach was to declare each of the prosecutions void.
While the total number of affected individuals is unknown, it has been suggested that up to 75,000 people may have been prosecuted for fare evasion under the SJP. Judge Goldspring announced that efforts would be made in the coming weeks to identify those impacted, with a further hearing scheduled later this year to officially void these prosecutions.
The judge outlined a plan to compile a list of affected individuals by the end of September, with a "bulk" hearing set for the end of October. At this hearing, all related cases would be declared void without requiring the presence of the involved parties. By the end of November, a team will be established to begin the process of recovering and refunding any money paid by those wrongfully convicted.
Discussions are ongoing about how these refunds will be handled. Following the ruling, a Northern Rail spokesperson expressed their approval of the decision, apologising for the errors and committing to work with the court to implement the findings. They assured that Northern Rail remains dedicated to fair treatment for all passengers, emphasizing the importance of ensuring that all customers have valid tickets.
The SJP, introduced in 2015, was designed to allow magistrates to handle minor offences such as TV license violations without the need for defendants to appear in court. However, the Magistrates’ Association has raised concerns that some cases are being processed without proper consideration of mitigating circumstances, leaving many magistrates uncomfortable with the system. Rail companies were granted permission to use the SJP in 2016 to privately prosecute fare evasion cases.