Train passengers have 28,000 unlawful fare evasion prosecutions quashed

A TransPennine Express train at Sheffield railway station
TransPennine Express brought 41 prosecutions against rail passengers in January 2024 - Dominic Lipinski/Bloomberg

Train passengers have had more than 28,000 unlawful prosecutions brought against them by two rail companies for alleged fare evasions quashed.

Northern Rail, which covers large areas of northern England, brought 28,631 unlawful prosecutions against passengers using the single justice procedure (SJP) between Aug 6 2020 and May 21 2024.

TransPennine Express, which operates in the north of England and Scotland, brought 41 prosecutions in January 2024.

These prosecutions were all declared null and void by Paul Goldspring, the chief magistrate, during a two-minute hearing at Westminster magistrates’ court on Thursday.

In August, Mr Goldspring ruled that six “test cases” of prosecutions for alleged fare evasion brought by train companies should be declared a “nullity”, adding that others would be dealt with in the same way.

Northern welcomed Thursday’s outcome and apologised for the “errors”.

A spokesman said: “Customers affected by the issues raised in court will be contacted directly by HM Courts and Tribunal Service. We are unable to respond to individual queries at this time.

“Northern remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket.”

The SJP was set up in 2015 to allow magistrates to rule on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court.

Rail companies were permitted to use the SJP in 2016 to privately prosecute fare evaders. However, many SJPs have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.

Further hearings will take place regarding thousands of other train fare prosecutions.