Thousands of Train Fare Convictions to Be Refunded in Ruling on Swift Justice Process

A woman holds train tickets at Waterloo train station in London, England, on March 3, 2023. (Kirsty O'Connor/PA)

Tens of thousands of rail passengers who were prosecuted and fined for fare evasion under the Single Justice Procedure (SJP) will be refunded after a judge said their convictions were void.

In a ruling on Thursday at Westminster Magistrates’ Court, Chief Magistrate Paul Goldspring declared that six test cases were a “nullity,” so it was “as if as though the proceedings had never existed.”

Goldspring added that a list of all those affected could hopefully be compiled by the end of September, where the cases could be handled in a bulk hearing by the end of October and declared void by a “similar direction” so that “everybody is in the same position.”

The Courts Service, Department for Transport, and the relevant train operating companies would work to identify those affected and refund them their money by November, the judge said.

Goldspring said that he could not confirm the amount of money to be refunded or the number of people, but estimated “over 74,000” passengers as a “best guess at the moment.”

SJPs were set up in 2015 to allow magistrates to decide on minor offences without the defendant going to court. Rail firms were allowed to use the system in 2016 to privately prosecute fair evaders, but many were brought under the Regulation of Railways Act 1889, which was not allowed under the SJP system.

Rail Companies Apologise

To date, the train operators that had used the SJP to conduct private prosecutions are: Arriva Rail North, Avanti West Coast, Greater Anglia, Great Western Railway, Merseyrail, Northern, and TransPennine.

Rail companies have apologised, including Greater Anglia which said that it was now working to ensure those entitled to compensation are “quickly and fully reimbursed.”

“Like many in the industry, we acted in good faith following the introduction of the Single Justice Procedure in 2016, but we apologise for using this process incorrectly,” the spokesperson said.

A government spokesperson responded to the court ruling, saying: “We acknowledge the Chief Magistrate’s judgment and welcome the apology from train operators. While fare evasion should be tackled, the right process should be followed at all times.

“The people affected will be directly contacted in due course to resolve the cases in accordance with the judgment.”

Calls for Reform

The ruling has prompted calls for reform of the SJP from Tom Franklin, the chief executive of the Magistrates’ Association, who says it should be more open and transparent, including that sittings should be observable by accredited journalists.

Franklin said, “Boosting transparency is needed by publishing more data on the SJP, such as how many defendants plead guilty, how many make no pleas, and how many ask to come to court, nationally and broken down by region.”

The government has said it is consulting on ways to improve the SJP system and how to make it more transparent.

PA Media contributed to this report.