Up to 74,000 rail fare evasion prosecutions in England and Wales are set to be thrown out after a landmark ruling found the legal process used by UK train companies was unsound.
Judge Paul Goldspring, the president of the UK’s High Court, ruled on Thursday that the single justice procedure, which allows judges to sit behind closed doors, should not apply to these cases at all.
The ruling comes after six test cases were declared invalid, prompting a review of all similar prosecutions. Authorities, including the transport ministry and various rail operators, must now compile a list of those affected by the end of September, with a view to contacting them to resolve the cases.
Train companies have inappropriately used the measure to speed up fare evasion cases, which was introduced under the Criminal Justice and Courts Act 2015, bypasses public hearings, and has been criticised for its lack of transparency and fairness.
In response to the ruling, Northern Trains and Greater Anglia, which were involved in the improper prosecutions, issued apologies. Northern Trains welcomed the ruling, stressing its commitment to treating all passengers fairly.
Christian Waters, a passenger who faced a similar legal battle over a £3.50 fare, said he was pleased with the ruling, calling it a “complete vindication”. His case, like thousands of others, has highlighted the flaws in the SJP process.
The process of recovering fines and quashing convictions is expected to take months as courts and train companies work to identify and contact those affected. Despite the ruling, legal experts stressed that this does not give people a free pass to evade train fares, as train companies can still prosecute fare evasion through other legal channels.
The ruling has sparked calls for reform of Stanford’s justice system, with the Justice Association acknowledging the need for improvements to protect vulnerable individuals from potential harm caused by the current system.