Notice

Train company prosecutions

Updated 21 November 2024

Update – 21 November 2024

On Thursday 15 August 2024 the Chief Magistrate issued a judgment on a small number of cases where several train companies had prosecuted using the Single Justice Procedure (SJP) in error. This was to decide how erroneous proceedings and convictions are dealt with. He decided that these cases should be declared invalid, and anything paid for that offence should be reimbursed. 

The next stage is to list other cases of this type before the court so that a decision can be made as to whether they too should be declared invalid.  

While we continue to work with rail providers to verify a smaller number of further cases, we anticipate that all identified cases will be listed before the court on several dates between Thursday 28 November and Monday 16 December 2024. Cases related to a particular rail provider will be heard together with listing information made publicly available in the usual way online and in the court building. People involved in these cases will not be required to attend these hearings. 

If the court takes the decision to declare these cases invalid, HMCTS will use court records and case information held by rail providers to contact those affected in writing. These letters will be sent up to 2 weeks after the decision being made by the court.

If you think you may be affected, you should wait to be contacted directly and told what will happen next including if you have paid some or all of a financial penalty.  

If you believe that your address has changed since you last provided this to HMCTS, please make contact via telephone on 0300 303 0656 to provide updated information. You will also need your case number or account number so that we can update your details. 

If a case does not meet all of the following criteria then we can already confirm that you are not affected. 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 (with the vast majority of affected cases prosecuted from 2020) 

• under Section 5(1) or 5(3) of Regulation of Railways Act (and the wording of one of these would have appeared on the single justice notice you would have received)

Background

The SJP allows those who plead guilty to some low-level, non-imprisonable crimes to resolve their case without going to court.  

Train companies and various other bodies are authorised by the Criminal Justice Act 2003 (New Method of Instituting Proceedings) (Specification of Relevant Prosecutors) Order 2016 to institute proceedings by a SJP Notice.   

The decision to use SJP is a matter for prosecutors. When cases come to court, magistrates decide on conviction and sentence, advised by legal advisers.

Rail fare offences 

HMCTS, the Department for Transport and the Ministry of Justice are aware that several train companies have prosecuted in error some specific offences through SJP in circumstances where:   

• the offence was not included in the 2016 Order or 

• the offence was imprisonable (albeit no prison sentence was passed for these offences through SJP) 

Any procedural error of this type would only relate to specific rail fare offences and does not affect any other type of SJP prosecution.