Train fare evasion news: The latest updates in the train fare evasion prosecution scandal

In June 2024, it was revealed that rail companies in England and Wales had been unlawfully using the single justice procedure (SJP) to prosecute passengers who had been accused of not paying for a ticket.

The SJP is a system designed to speed up legal proceedings for those accused of summary, non-imprisonable offences. However, train fare evasion is punishable by up to three months in prison. As a result, the use of the SJP has recently been declared unlawful – and up to 75,000 people may have been wrongfully prosecuted.

In this post, we’ll look at the background to the train fare evasion prosecution scandal and discuss some of the latest developments and train fare evasion news. We’ll also explain why those affected may be entitled to seek compensation through a civil action against the police.

What is the train fare evasion prosecution scandal?

In June 2024, the Evening Standard published a shocking report indicating that rail companies were misusing the Single Justice Procedure (SJP) to target people who failed to pay for a train ticket.

The SJP was introduced in 2016 in order to help streamline the process of prosecuting people for minor offences, particularly where the defendant was intending to plead guilty. In these circumstances, the SJP enabled a single magistrate to hear the case, without any obligation for the defendant or prosecutor to attend a hearing.

Following the introduction of the SJP in 2016, rail companies began using it as a way to prosecute train fare evasion. However, the law that underpins the SJP – the Criminal Justice and Courts Act 2015 – specifies that the procedure “only applies to summary-only, non-imprisonable offences”. Train fare evasion is usually prosecuted under s.5(3)(a) of  the Regulation of Railways Act 1889, which states that conviction can lead to a prison term of up to three months.

As a result, these prosecutions were not lawful – a fact that the rail companies themselves quickly acknowledged.

Latest updates on the train fare evasion prosecution scandal

Since the scandal came to light in June, there have been a number of significant developments. In August, the Chief Magistrate Paul Goldspring ruled on six “test cases”, which he declared to be void, and stated that the process should never have been used.

As a consequence, it is now expected that all the prosecutions for rail fare evasion that took place under the SJP will be quashed. However, it remains uncertain how long this process will take.

This ruling has also drawn wider attention to ongoing concerns about the impact of the SJP. As we discussed in a recent post, the single justice procedure has been subject to significant public criticism in recent months. In March, the Magistrate’s Association argued that the SJP needed reform and that it may be having a significant negative impact on vulnerable people. These concerns have been amplified by recent news reports highlighting the risks of so-called “fast-track courts”.

It remains to be seen whether the SJP will face significant changes in the wake of the train fare evasion prosecution scandal and the broader backlash. However, it is essential that those who have been impacted by the scandal know what steps to take.

Train companies to face review over how they prosecute rail fare evasion

The transport secretary, Louise Haigh, has recently ordered an independent review of rail fare prosecutions, following the controversy around the recent train fare prosecution scandal. The newspaper inews revealed recently that prosecutions carried out by Northern Rail – the country’s second largest train operator – have doubled in recent years from 6096 in 2020 to 14,319 in 2023.

One rail passenger, Sam Williamson was told he was being prosecuted by Northern Rail because he unknowingly used a railcard to buy a ticket at the wrong time, which meant he’d underpaid £1.90. He said he feared getting a criminal record and getting fined hundreds of pounds for this, simply because he didn’t realise his ‘anytime’ ticket bought with a railcard couldn’t be used before 10am.

HNK Solicitors are also representing a client who was wrongly prosecuted by a rail company when he was unable to buy a ticket because the machine at his station was broken and there were no staff available in the ticket office. He was given a fine and had to pay costs of £400. This prosecution also cost him is police career as he later found out his application had been rejected due to the conviction coming up on an advanced check.

Brian Higgs, partner and Head of Litigation at HNK Solicitors, provided comments to inews, stating, “the vast majority of people taken to court for not paying for train travel haven’t done anything wrong”.

“Some people are commenting ‘well it’s only people dodging fares so why should they get away with it?’

“But it is a common misconception among the general public that if the police or a government body say you have done something wrong, then it must be true. Sadly that’s not always the case.”

Who is affected by the train fare evasion prosecution scandal?

Initial reports indicate that as many as 75,000 people may have been unlawfully prosecuted for train fare evasion using the SJP. Given the scale of the scandal and the sheer number of people affected, it may be some time before the real impact is known.

There are seven train companies known to have wrongfully used the SJP. These are:

• Northern Rail
• TransPennine
• Avanti West Coast
• Greater Anglia
• Great Western Railway
• Arriva Rail North
• Merseyrail

If you have been prosecuted for train fare evasion by any of these companies using the SJP, you may well be able to seek redress, including pursuing compensation – we’ll explain how to do so below.

What to do if you have been unlawfully prosecuted for train fare evasion

If you were prosecuted for train fare evasion using the SJP, you will understandably be eager to know what the consequence of Judge Goldspring’s recent finding will be.

HM Courts and Tribunals Service (HMCTS) has made clear that they will be reviewing cases similar to those nullified by Judge Goldspring in August in order to assess whether they too should be overturned. This process will not require the defendants to attend a hearing – instead, you will simply be notified of the outcome.

Unfortunately, this means that, for the moment, HMCTS is asking people to be patient. In a notice posted on their website, HMCTS stated that they would be contacting those affected directly, and that “If you think you may be affected, you should wait to be contacted directly and told what will happen next.”

However, you do not simply need to wait and see what happens. There are other steps you can take in the meantime, especially given that your conviction will likely have led to the prosecuting authority unlawfully retaining your data.

Train fare evasion prosecution and unlawful retention of data

In order for your prosecution under the SJP to move ahead, you will have had to provide a range of personal data, including your name, address and date of birth. This data will have been stored by the prosecuting authority. Additionally, a record of your conviction will likely have been stored on the Police National Computer (PNC), which can be accessed by police forces across the country.

The retention of this data can have a significant negative impact on your life. For instance, the record of your conviction may have led to you losing job opportunities or disrupted travel plans. It may have also caused you anxiety and distress, or exacerbated an existing mental health condition.

However, following the revelation that rail companies misused the SJP, your conviction is likely to be ruled as unlawful. Given that your personal data was obtained and stored as part of a prosecution that was itself unlawful, the retention of this data was likely also unlawful. This means that data protection laws may have been breached – with potentially significant consequences for your finances, your reputation, and your health.

If you have been affected by the unlawful retention of your data following a prosecution for train fare evasion, you may be entitled to compensation for the damages you’ve suffered. Read on below to learn more about whether you’re entitled to claim.

HNK Solicitors can support your unlawful retention of data claim

The consequences of the train fare evasion prosecution scandal continue to unfold, and it may be some time before we are able to assess the full impact. However, in the meantime, it’s imperative that those who have suffered damages as a result of their conviction take steps to seek redress.

If the police have unlawfully retained your data as a consequence of your conviction, it’s important to consider pursuing a civil action against the police. This will enable you to seek compensation for any damages you experienced – from loss of earnings to health issues or reputational damage.

Here at HNK Solicitors, our expert team of solicitors have extensive knowledge and experience in pursuing claims for unlawful retention of data. We provide free consultations to discuss your case and advise you on the best way to proceed – and if we think you are entitled to compensation, we can offer to take up your case on a no-win, no-fee basis. If you don’t receive a financial settlement, you don’t owe us a penny.

Call us on 0151 668 0809, or email us at enquiries@hnksolicitors.com to get started.