Tens of thousands of people prosecuted for non-payment of train fares could see their convictions quashed, following a court ruling this month.
In six test cases Paul Goldspring, the Senior District Judge (Chief Magistrate) for England and Wales, declared that Northern Trains Ltd and Greater Anglia should not have used a process called the single justice procedure (SJP) to prosecute these offences under the Regulation of Railways Act 1889.
Judge Goldspring ruled that the cases should be declared “a nullity”, and that any fines or costs paid following the convictions should be reimbursed.
This judgement on August 15 will affect a large and as yet uncertain number of similar cases, believed to be in the tens of thousands.
Affected cases were prosecuted by Northern, Transpennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail Northern, Merseyrail or C2C, between 2018 and 2023 under Section 5(1) or 5(3) of Regulation of Railways Act.
What happens next is that HM Courts and Tribunals Service will use court records and case information held by rail providers to draw up a list of cases that need to be put before a court so they can be declared invalid. Anyone affected should wait to be contacted direct, unless they need to update their contact details, in which case they should email email at SJS@Justice.gov.uk providing their case number.
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