What is the Train Fare Evasion Prosecution Scandal?

Thousands of people in England and Wales who were prosecuted by rail companies for travelling without a ticket may now be eligible for compensation after a court ruled these prosecutions unlawful.

Seven train companies incorrectly used the Single Justice Procedure (SJP) to prosecute passengers for train fare evasion. Over 74,000 cases dating back to 2017 are believed to be affected.

The SJP, which was introduced to speed up minor offences, was misused to pursue fare evasion under the Regulation of Railways Act 1889, which is not eligible for the fast-track system. This has major implications, as any fines already paid must now be repaid, potentially costing millions of pounds.

The companies involved include Northern Rail, Greater Anglia, TransPennine Express, Avanti West Coast, Great Western Railway and Merseyrail. Only specific offences set out by Parliament can be pursued by train operators in SJP courts, and these companies, acting as private prosecutors, had been using the system beyond what is legally permitted.

Authorities have contacted, or are contacting, all affected individuals. If your case has been quashed by the courts, you may be eligible for a refund and compensation. If you have not been contacted, you should call HM Courts & Tribunals Service (HMCTS) on 0300 303 0656 and have your case reference, account number or any relevant correspondence ready.

Anyone impacted is entitled to a refund from the train company and may also be able to claim compensation for the unlawful retention of personal data. The unlawful prosecutions mean that authorities obtained personal information without proper authority. Convictions may also appear on criminal records, and details are likely stored on the Police National Computer, which can be accessed by police forces and relevant agencies, potentially having a detrimental impact on individuals.

The misuse of the SJP to prosecute fare evasion has been referred to as the Train Fare Prosecution Scandal, and it is considered one of the largest recent miscarriages of justice in British legal history in terms of numbers.

What is the Single Justice Procedure?

The Single Justice Procedure (SJP) was introduced by the Criminal Justice and Courts Act 2015 and came into effect in 2016 to allow certain minor offences to be dealt with quickly without a full court hearing. Cases are decided based on written evidence, and defendants receive a notice allowing them to plead guilty by post, avoiding a court hearing. Defendants can also request a hearing if they wish.

Under the law, cases handled through this system must not carry a prison sentence. However, several train companies wrongly used the SJP to prosecute fare evasion under the Regulation of Railways Act 1889, which can carry a prison term. In 2024, a court ruled that these prosecutions were unlawful and the convictions should be overturned.