(qlmbusinessnews.com Fri. 16th Aug, 2024) London, UK —
“Mass Refunds Expected as UK Court Voids Thousands of Rail Fare Evasion Cases”
Up to 74,000 rail fare evasion prosecutions in England and Wales are expected to be overturned following a groundbreaking court decision. Rail operators had been utilising a fast-track method known as the Single Justice Procedure (SJP) to prosecute alleged fare dodgers without public hearings. However, on Thursday, Judge Goldspring, the UK's chief magistrate, declared six test cases void, stating that SJPs should never have been used for these prosecutions.
The exact number of cases to be quashed remains uncertain, but authorities, including the Department for Transport (DfT) and various train companies, have been instructed to compile a list of affected individuals by the end of September. These individuals will be contacted directly to resolve their cases.
Refunds for the fines imposed are likely to take several months, as courts and train companies first need to identify those affected and then initiate the reimbursement process. Judge Goldspring indicated that efforts to recover and refund the money should begin by November.
The DfT has confirmed that the cases in question were brought by Northern, Transpennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail Northern, and Merseyrail, with the list of operators potentially expanding. In a recent hearing, both Northern Trains and Greater Anglia issued apologies for their use of SJPs, with Northern acknowledging the errors and expressing commitment to fair treatment of passengers.
The legal ruling has significant financial implications, with estimates suggesting that around £30 million could need to be refunded. Nathan Seymour-Hyde, a solicitor and partner at Reeds Solicitors, described the task of contacting affected individuals as a “big mess to untangle,” but clarified that the ruling does not give fare dodgers carte blanche, as train companies can still pursue prosecutions through other legal avenues.
The case highlights the broader issue of the SJP's use in prosecuting minor offences. Introduced under the Criminal Justice and Courts Act 2015, the procedure handles approximately 40,000 minor offences each month but has faced criticism for its lack of transparency. Judge Goldspring's ruling underscores the need for reform, as parliament did not intend for train fare evasion cases to be handled through this process.
Christian Waters, who successfully contested a £3.50 fare evasion charge from Northern Trains, welcomed the ruling as a “complete vindication” of his position. Waters’ case exemplifies the broader concerns over the fairness of prosecutions under the SJP, particularly for those who did not receive a fair trial.
The Magistrates' Association has also called for reform, with its national chair, Mark Beattie, acknowledging that while the principle of the SJP is sound, the current system has flaws that can harm some of society's most vulnerable individuals.
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