Thousands of rail fare evasion prosecutions in England and Wales are set to be quashed following a pivotal ruling by the UK’s chief magistrate, Judge Paul Goldspring.
Judge Paul Goldspring ruled that the single justice procedure (SJP), which permits magistrates’ hearings behind closed doors, was misapplied in these cases. This decision was made after six test cases were declared void, initiating a review of all similar prosecutions. Authorities, including the Department for Transport and various rail operators, are now tasked with compiling a list of affected individuals by the end of September to address and resolve the cases.
The SJP, intended for minor offences such as non-payment of TV licences, was improperly utilised by train companies to expedite fare evasion cases. Enacted under the Criminal Justice and Courts Act 2015, the procedure bypasses public hearings and has faced criticism for its opacity and lack of fairness. In response to the ruling, Northern Trains and Greater Anglia, both implicated in the wrongful prosecutions, have issued apologies. Northern Trains welcomed the decision, highlighting their commitment to fair treatment of all passengers.
Christian Waters, a passenger involved in a similar legal battle over a £3.50 fare, expressed his satisfaction with the ruling, describing it as ‘complete vindication.’ His case, along with thousands of others, underscored the deficiencies in the SJP process. The effort to refund fines and overturn convictions is anticipated to take months as courts and train companies collaborate to identify and contact those affected.
Despite the ruling, legal experts emphasise that this does not exonerate individuals from fare evasion; train operators can still pursue fare evasion prosecutions through alternative legal avenues. The judgment has sparked calls for reforms to the SJP, with the Magistrates’ Association recognising the necessity for improvements to prevent potential harm to vulnerable individuals under the current system.
This landmark ruling marks a significant step towards ensuring transparency and fairness in legal proceedings concerning fare evasion, with broad implications for future prosecutions and legal reforms.
