Hundreds of train fare evasion cases quashed after unlawful prosecutions
29 January 2025, 09:53 | Updated: 29 January 2025, 12:03
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Hundreds of people have had their train fare evasions quashed after they were prosecuted unlawfully.
The cases were the last 500 to be declared void after a judge ruled last year that railway operators were not allowed to use the controversial single justice procedure (SJP).
Chief Magistrate Paul Goldspring's ruling in August paved the way for thousands of train fare evasion prosecutions to be quashed.
The SJP was introduced in 2015 to allow magistrates to rule on minor offences - such as watching TV without a licence or driving without insurance - without the defendant being present in court.
They were extended to private rail fare evasion prosecutions in 2016 - but many train companies have used them citing the Regulation of Railways Act 1889, which they are not permitted to do.
In a three-minute hearing at Westminster Magistrates Court on Wednesday, Mr Goldspring quashed 350 Northern cases, 180 TransPennine Express cases, and 36 Great Western Railway cases.
He said it should be the final hearing dealing with these kinds of prosecutions - after more than 28,000 were quashed in November.
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Rail firms who have also seen their cases dropped include Avanti West Coast, Greater Anglia, Arriva Rail Northern, Merseyrail, and C2C.
"These cases should not have been brought," Mr Goldspring told the court.
"Any reconciliation in relation to fines is between the Courts and Tribunals Service and the prosecuting railway companies."
Threats of prosecution over £1.85
Engineering graduate Sam Williamson told the Sky News Money blog in October last year of his SJP ordeal.
He says he was threatened with prosecution by Northern Rail after he mistakenly bought an invalid £3.65 ticket using his 16-25 railcard. The full price ticket was £5.50 - £1.85 more.
Mr Williamson used the ticket to board a train just after 7am, not realising that under the fine print of the railcard terms his ticket was invalid. A minimum fare of £12 applies to any ticket bought with a railcard before 10am. Northern dropped its action against him following media coverage.
Northern, which operates trains across northern England, said it is reviewing its approach to enforcing ticketing and said it has temporarily suspended certain prosecutions while the review is carried out.
A spokesman added: "We remain firmly committed to tackling fare evasion and protecting taxpayers' money. Anyone who travels without a valid ticket can be asked to pay the fare in full, issued with a penalty fare or contacted to provide further evidence to settle the matter out of court. We always take into account any evidence provided or mitigating circumstances.
"Rigorous enforcement against deliberate fare evasion, abuse, and violence will continue."
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