Tens of thousands of rail fare evasion prosecutions declared null and void

More than 28,000 prosecutions lodged by Northern Rail and TransPennine Express for alleged fare dodging have been scrapped.

Northern Rail encountered backlash for initiating 28,631 cases against passengers under the single justice procedure (SJP) from August 6, 2020 to May 21, 2024, despite lacking the authority to do so. TransPennine Express, which operates across the North of England and Scotland, wrongly brought forward 41 cases in January 2024.

All these prosecutions were nullified in a brief session at Westminster Magistrates’ Court on Thursday by Chief Magistrate Paul Goldspring, who had previously decreed in August that six "test cases" brought by rail operators were to be judged void. This judgment suggested similar outcomes for other such cases.

Apologising for the mishap, spokespeople from both Northern and TransPennine Express expressed relief at the resolution and stated: "Customers affected by the issues raised in court will be contacted directly by HM Courts and Tribunal Service. We are unable to respond to individual queries at this time."

The statement continued with a reassurance from Northern, emphasising their dedication to fair treatment: "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."

TransPennine Express echoed the exact sentiments.

Introduced in 2015, the SJP was designed to streamline minor offence adjudications, ranging from unlicensed TV use to uninsured driving, without necessitating a court appearance for defendants. Rail companies were given the green light in 2016 to use the Single Justice Procedure (SJP) to privately prosecute fare dodgers, but many cases have been pursued under the Regulation of Railways Act 1889, which is not permitted within this procedure. More hearings are set to review thousands of other train fare evasion prosecutions.

The Courts and Tribunals Service has confirmed that affected cases also include those prosecuted by Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail Northern, Merseyrail, and C2C. According to the department, individuals impacted by the ruling were prosecuted post-2018, with the "vast majority" occurring from 2020, under either section 5(1) or section 5(3) of the Regulation of Railways Act 1889.

Those involved should await direct contact from the Courts and Tribunals Service regarding their case, including any financial penalties paid. A Government spokesperson commented: "While fare evasion should be tackled, the right process should be followed at all times. HMCTS will contact people affected to resolve their case in accordance with the Chief Magistrate’s judgment."