As many as 74,000 prosecutions for alleged rail fare evasion in England and Wales will be quashed following a landmark ruling which found the legal process followed by British train companies was inappropriate.
Britain’s chief magistrate, Judge Paul Goldspring, ruled on Thursday that the single justice procedure (SJP), which allows magistrates’ hearings to be held behind closed doors, should never have been applied to these cases.
The ruling came after six test cases were quashed, prompting a review of all similar prosecutions. Authorities, including the Department for Transport (DfT) and several rail operators, must now draw up a list of those affected by the end of September, with a view to contacting them to resolve the cases.
The SJP, which is typically used for minor offenses such as failure to pay TV permits, has been used inappropriately by train companies to expedite fare evasion cases. This procedure, introduced under the Criminal Justice and Courts Act 2015, bypasses public hearings and has been criticized for its lack of transparency and fairness.
In response to the ruling, Northern Trains and Greater Anglia, both involved in the improper prosecutions, apologized. Northern Trains welcomed the verdict and emphasized their commitment to treating all passengers fairly.
Christian Waters, a passenger who faced a similar legal battle over a £3.50 fare, expressed his satisfaction at the ruling, describing it as “complete vindication”. His case, like thousands of others, exposed flaws in the SJP process.
The process of repaying fines and overturning convictions is expected to take months as courts and rail companies scramble to identify and contact those affected. Despite the ruling, legal experts have stressed that this does not give people a free pass to avoid train fares, as train companies can still prosecute fare evasion through other legal channels.
The ruling has led to calls for reform of the SJP, with the Magistrates’ Association recognizing the need for improvements to protect vulnerable individuals from potential harm caused by the current system.