Explainer

What happens next after judge rules 75,000 rail prosecutions 'void'?

Rail ticket machine
75,000 passengers are thought to be affected. Credit: PA

In a case with widespread implications, a judge has ruled that prosecutions brought against six rail passengers for alleged fare evasion should be declared void.

The six commuters faced action from companies including Northern and Greater Anglia trains under the single justice procedure (SJP), a process designed to fast-track minor offences through the courts.

They included instances where passengers were unable to pay a fare when ticket machines were broken and were subsequently fined for boarding trains without a ticket.

Chief Magistrate Paul Goldspring's judgement effectively calls into question the train companies' use of the single justice procedure to deal with alleged fare dodgers.

While six individuals have been told their prosecutions were effectively unlawful, there are an estimated 75,000 others who could be affected.

The question now is what happens next and whether those who paid their fines will get their money back.

What happens now?

Following his ruling, Judge Goldspring said attempts would be made by HM Courts and Tribunals Service, the Department for Transport and the train operating companies to identify people affected in the coming weeks.

The aim would be to compile a list by the end of September, with cases listed as a "bulk" hearing "by the end of October".

None of those affected would need to attend court, the judge said.

The judge said by the end of November, "a team will be put in place to begin the work of recovering the money paid and refund the money to individuals".

Will you get your money back?

It is understood that anyone who was wrongly fined will be entitled to a refund.

The judge said discussions were taking place to determine how that would happen, but those affected will be contacted directly and given further instructions.

Northern Rail apologised for "errors" that had been made and would "work with the court to implement today’s findings".

It said it could not respond to individual inquiries in the meantime and passengers should wait to be contacted.


Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.