Fare evasion convictions quashed

Rail companies have admitted the unlawful use of the Single Justice Procedure (SJP) to prosecute passengers for fare evasion. This could lead to many fare evasion convictions being quashed and figures of up to 75,000 cases of fare evasion have been suggested.

The fare companies involved, being Northern Rail and Greater Anglia, have admitted they ‘got it wrong’ in relation to the use of the Single Justice Procedure in bringing criminal prosecutions in relation to fare evasion.

What is the Single Justice Procedure?

The Single Justice Procedure is a fast-track system whereby magistrates deal with some minor offences ‘behind closed doors’ as opposed to ‘in open court’ and defendants can notify the court of their proposed plea (usually online) prior to the hearing.

If a defendant enters a not guilty plea the matter will proceed to a full court hearing and a trial will be held as usual. However, if a defendant pleads guilty, the case can be dealt with without a full court hearing, and the court will notify the defendant of the result and sentence.

There has been much criticism in relation to the use of the Single Justice Procedure system. Defendants are usually notified through the post and many individuals are convicted without even having ever received a Single Justice Procedure Notice (SJPN) and being aware of court proceedings.

Can rail companies use the Single Justice procedure for fare evasion prosecutions?

Rail companies are allowed to use the Single Justice Procedure system to prosecute allegations of fare evasion under railway byelaws, however, they are not allowed to use such process for cases brought under the Railways Act 1989.

Transport for London (TfL) typically prosecutes under railway byelaws, however, other railway companies usually prosecute under the Regulation of Railways Act 1989. There is a difference between the types of prosecution – to successfully prosecute under the Regulation of Railways Act 1989, the rail company must prove a defendant intended to avoid paying the fare. However, TFL prosecutions intend to be under railway byelaws and are what is known as a ‘strict liability’. That means the intention of the defendant makes no difference for example if they say, ‘they made a mistake and intended to pay the train fare’.

The train companies have now accepted the convictions should be overturned and any prosecutions remaining live should be discontinued.

Ryan O’Neal KC representing Northern Rail told Westminster Magistrates’ Court on Friday of last week the company ‘wishes to apologise to the court and all interested parties for having fallen into error in the exercise of its prosecutorial powers. We are all in agreement that the proceedings were a nullity.”

Will this lead to fare evasion convictions being quashed?

Chief Magistrate Paul Goldspring who head the matter indicated as many as 75,000 cases could be impacted. He is set to rule on the legal process to be used for overturning the convictions on August 15th.

It is expected this will likely lead to millions of pounds in court-ordered fines and prosecution costs being refunded to passengers unlawfully prosecuted in relation to this cases.

Northern Rail has indicated that thus far it has identified 29,180 prosecutions has been brought unlawfully. Greater Anglia stated it has found 5,936 similarly affected prosecutions dating back to 2017. The barrister for Greater Anglia, Alistair Richardson told the court ‘Greater Anglia recognises that a series of significant errors have occurred. It wishes to apologise unreservedly to the court and the individuals involved. It takes the position extremely seriously’.

Other rail companies are understood to also be involved and Chief Magistrate Paul Goldspring indicated his ruling will apply to all affected prosecutions.

Olliers Solicitors – Specialist Fare Evasion Lawyers

Olliers has significant experience of representing those accused of fare evasion. We have a high level of success in disposing of such cases by way of out of court settlement thus avoiding a criminal record for our clients.

We can assist with the following types of cases:

• Consideration of documentation and initial advice
• Representations to fare authorities/rail companies/TFL suggesting out of court settlement avoiding prosecution
• Attending an interview under caution
• Dealing with a Single Justice Procedure Notice (SJPN), summons or postal requisition to attend court.

If you wish to discuss an allegation of fare evasion, please contact our new enquiry team by telephone on 020 3883 6790 (London) or 0161 834 1515 (Manchester), email info@olliers.com or complete the form below.