Hundreds of rail fare evasion prosecutions quashed

Scores more prosecutions brought by three rail firms for alleged fare evasion have been quashed.

Northern Rail, TransPennine Express (TPE) and Great Western Railway (GWR) brought dozens of prosecutions against passengers using the controversial single justice procedure (SJP) despite not being permitted to do so.

More than 500 prosecutions were declared null and void by chief magistrate Paul Goldspring during a three-minute hearing at Westminster Magistrates’ Court on Wednesday.

Mr Goldspring ruled on August 15 last year that the cases should be declared “void” and any fines paid should be “reconciled”.

Thousands of these cases have already been quashed and Mr Goldspring said this should be the final hearing to deal with such prosecutions.

More than 350 Northern cases, 180 TPE cases and 36 GWR cases were declared a nullity at the hearing, meaning it is as if the proceedings never existed.

“I plan to say what I have said previously in accordance with my ruling on August 15 that 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.”

A separate argument in relation to penalty fare appeals is set to be brought to court soon, the Chief Magistrate said.”

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.

Rail companies were permitted to use the SJP in 2016 to privately prosecute fare evaders but many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.

Other cases were also prosecuted by Avanti West Coast, Greater Anglia, Arriva Rail Northern, Merseyrail and C2C, the Courts and Tribunals Service said.

Northern, which operates trains across large swathes of 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 Northern 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.

“Northern has already commenced a review of its approach to enforcing ticketing, recognising that there are circumstances where the rules on ticketing may not be understood by passengers. We have also temporarily suspended certain prosecutions whilst its review is undertaken.

“Rigorous enforcement against deliberate fare evasion, abuse and violence will continue.”