Hundreds of rail fare dodging cases quashed

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Dozens of prosecutions for alleged fare evasion brought by three rail companies - Northern Rail, TransPennine Express (TPE), and Great Western Railway (GWR) - have been scrapped. The train operators brought dozens of prosecutions against passengers using the controversial single justice procedure (SJP) despite not being permitted to do so.

More than 500 cases were declared null and void by Chief Magistrate Paul Goldspring in a brief three-minute session at Westminster Magistrates' Court on Wednesday, January 29. Mr Goldspring had previously ruled on August 15 last year that the cases should be considered "void" and any fines paid must be "reconciled".

This latest hearing was expected to be the final addressing such prosecutions, with more than 350 Northern cases, 180 TPE cases, and 36 GWR cases were declared a nullity at the hearing, meaning it is as if the proceedings never existed. Mr Goldspring told the court: "I plan to say what I have said previously in accordance with my ruling on August 15 that these cases should not have been brought.

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"Any reconciliation in relation to fines is between the Courts and Tribunals Service and the prosecuting railway companies." A forthcoming court debate is anticipated regarding penalty fare appeals, as mentioned by the Chief Magistrate.

Established in 2015, the SJP allowed magistrates to adjudicate minor offences like TV licence evasion or uninsured driving without requiring defendants to appear in court. Rail companies were permitted to use the SJP in 2016 to privately prosecute fare evaders but many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.

Other cases were also prosecuted by Avanti West Coast, Greater Anglia, Arriva Rail Northern, Merseyrail and C2C, the Courts and Tribunals Service said. Northern, which operates trains across large swathes of northern England, said it is reviewing its approach to enforcing ticketing and said it has temporarily suspended certain prosecutions while the review is carried out.

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A Northern spokesman added: “We remain firmly committed to tackling fare evasion and protecting taxpayers’ money. Anyone who travels without a valid ticket can be asked to pay the fare in full, issued with a penalty fare or contacted to provide further evidence to settle the matter out of court. We always take into account any evidence provided or mitigating circumstances.

“Northern has already commenced a review of its approach to enforcing ticketing, recognising that there are circumstances where the rules on ticketing may not be understood by passengers. We have also temporarily suspended certain prosecutions whilst its review is undertaken. Rigorous enforcement against deliberate fare evasion, abuse and violence will continue.”