Train fare evasion and the Single Justice Procedure

In our blog Receiving a Single Justice Procedure Notice: why a ticket to speedy justice can have long-lasting consequences, we detailed the many criticisms of the Single Justice Procedure and requests to the government for the system to be reviewed.

The judgment handed down by the Chief Magistrate on 15 August 2024 in Northern Trains Limited v Ballington & Wylie, Northern Train Limited v Cooke & Greater Anglian v Baggaley, Jenkins & McKenzie appears to prove many of those criticisms and concerns to be valid.

Essentially, the judgment established that four train operating companies have for a number of years unlawfully prosecuted fare evasion offences under the Regulation of the Railways Act 1889 through the Single Justice Procedure.  The judgment confirmed that there is no provision in law permitting this and a single magistrate lacked jurisdiction to try offences under section 5(1) and 5(3) of the Regulation of the Railways Act 1889.

The offences

Section 5(1) of the Regulation of the Railways Act 1889 provides that:-

"Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is paid, or pay his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale."

Section 5(3) of the Regulation of the Railways Act 1889 provides that:

"If any person—

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or

(b)Having paid his fare for a certain distance, knowingly and willfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, or, in the case of a second or subsequent offence, either to a fine not exceeding level 3 on the standard scale, or in the discretion of the court to imprisonment for a term not exceeding three months."

The main difference between the offences under section 5(1) and offences under section 5(3) is that under the former the train operator is not required to prove dishonest intent. Consequently, prosecutions under section 5(1) are more common as it is easier for a prosecutor to establish their case.

What will happen to those who have been unlawfully prosecuted?

The judgment explored the correct avenue to be taken legally and commented on whether the conviction should be set aside pursuant to section 142 of the Magistrates' Court Act 1980 or if the court should declare the prosecution a nullity.

Ultimately, the Chief Magistrate concluded that those unlawfully prosecuted under the single justice procedure should apply to the court for the prosecution to be declared a nullity. It follows from this that the unfortunate defendant should then receive back the fine and costs paid.

It is estimated that over 74,000 have been prosecuted unlawfully through the single justice procedure and so it would appear that the courts face a significant volume of applications going forward.

Commentary

This case highlights one the main concerns held by critics of the Single Justice Procedure, namely that cases are being tried behind closed doors away from scrutiny and frequently without a legal representative protecting the rights of the defendant.

Anybody facing such an allegation would be strongly advised to take legal advice, even if they have  simply received an offer of a fixed penalty. Accepting a fixed penalty or receiving a conviction will appear on their criminal record and so there may be longstanding consequences, such as restrictions on employment and potentially travelling to some countries.

Send us an email, complete our online enquiry form or call us on 020 3944 6225 to find out how our criminal defence solicitors can help if you are being investigated or prosecuted for an alleged fare evasion offence.