Refunds to Be Issued for Thousands of Train Fare Convictions Following Ruling on Swift Justice Process

Tens of thousands of rail passengers who were fined for fare evasion under the Single Justice Procedure (SJP) will receive refunds after a judge declared their convictions void.

Chief Magistrate Paul Goldspring ruled at Westminster Magistrates’ Court that six test cases were null and void, essentially erasing the proceedings as if they never occurred.

Goldspring hoped to compile a list of affected individuals by September, with plans to handle the cases collectively in October and declare them void through a similar directive, ensuring everyone is treated equally.

The Courts Service, Department for Transport, and relevant train operating companies were tasked with identifying those impacted and providing refunds by November, according to the judge.

While unable to confirm exact figures, Goldspring estimated that over 74,000 passengers would be refunded, emphasizing that this was the current best guess.

SJPs were established in 2015 to allow magistrates to handle minor offenses without a court appearance. However, rail companies misused the system for private prosecutions of fare evaders under the Regulation of Railways Act 1889, which was not permitted under the SJP framework.

Rail Companies Issue Apologies

Several train operators, including Arriva Rail North, Avanti West Coast, Greater Anglia, Great Western Railway, Merseyrail, Northern, and TransPennine, used the SJP for private prosecutions.

Apologies have been issued by rail companies, with Greater Anglia expressing its commitment to promptly and fully reimburse entitled individuals.

“Although we acted in good faith following the 2016 introduction of the Single Justice Procedure, we apologize for its incorrect utilization,” said a spokesperson.

In response to the court decision, a government spokesperson stated: “While addressing fare evasion is important, it must be done through the correct processes. The affected individuals will be contacted directly to resolve their cases following the judgment.”

Pressure for SJP Reform

The ruling has sparked demands for SJP reform from Tom Franklin, CEO of the Magistrates’ Association, who advocates for increased transparency, including allowing accredited journalists to observe proceedings.

Franklin emphasized the need for more transparency in the SJP system, requesting the publication of data on guilty pleas, pleas of no contest, requests to appear in court, nationally and regionally.

The government has initiated a consultation on enhancing the SJP system and making it more transparent.

This report includes contributions from PA Media.