Train company prosecutions
Updated 15 August 2024
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Update – 15 August 2024
On Thursday 15 August 2024 the Chief Magistrate made a judgment on a small number of these cases 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 first stage will be 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. People involved in these cases will not be required to attend those hearings.
HMCTS will use court records and case information held by rail providers to contact those affected over the coming weeks about the hearing and decision. 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. For those who haven’t yet paid anything relating to their offence we will be writing to them is the conviction is declared invalid to confirm the court record has been corrected.
If a case you are worried about 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 or Merseyrail (this list may be subject to minor amendments and will be updated on Monday 19 August 2024)
- 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)
If you believe that your address or payment information has changed since you last provided this to HMCTS, please make contact via email at SJS@Justice.gov.uk or 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.
Background
The Single Justice Procedure (SJP) allows those who plead guilty to 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.