Hundreds of rail fare evasion prosecutions overturned in just three minutes
More than 500 rail fare prosecutions brought using a controversial measure by rail companies were declared void today.
The prosecutions were wiped out by a magistrate who said the cases should not have been taken to court after prosecutions were brought using a controversial measure rail operators are not allowed to use.
Over 500 prosecutions were declared null and void by Chief Magistrate Paul Goldspring at Westminster Magistrates’ Court today.
He criticised the cases, saying they should not have been brought in the first place.
Northern passengers were among the travellers who suddenly found themselves taken to court over fare evasion, including a 22-year-old graduate Sam Williamson who wrongly used his Railcard when buying a ticket.
More than 500 Northern cases, 180 TransPennine Express cases and 36 Great Western Railway prosecutions were nullified. They will now appear as if the proceedings never existed.
Thousands of similar cases have already been overturned in recent months after rail companies have been taking passengers to court using a controversial measure called Single Justice Procedure.
It allows a judge to decide on minor offences such as rail fare evasion or watching the TV without a licence without the defendant going to court.
However, rail companies are not allowed to privately prosecute fare evaders under the Regulation of Railways Act 1889 – despite many doing so in recent months.
Mr Goldspring said: ‘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.’
Mr Williamson used his 16-25 Railcard to book an ‘Anytime Day Single’ ticket on the Northern app, only to find out that his Railcard was not valid for the peak time and he was being taken to court for paying £1.85 less than he should have.
Northern has since announced it has paused certain prosecutions during a review.
The Single Justice Procedure, which was created in 2015, has been criticised by campaigners and the Magistrates’ Association who said it needs an overhaul to be seen as ‘fair and transparent.’
How the rail operators reacted
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.’
Avanti West Coast, Greater Anglia, Arriva Rail Northern, Merseyrail and C2C have also also prosecuted cases using the measure.
The latest string of void prosecutions comes after the UK government announced it will create a new website and app to sell train tickets following the decision to renationalise Britain’s rail companies.
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