Tens Of Thousands Of Rail Fare Evasion Fines To Be Refunded After SJP Convictions Declared Void

molerat

Rail companies were permitted to use the SJP in 2016 to privately prosecute fare evaders, but many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.

In June, Judge Goldspring said those convictions were “probably unlawful”, with lawyers for rail companies telling a further hearing last month they were “in agreement” the prosecutions should be thrown out.

https://uk.finance.yahoo.com/news/thousands-set-refunded-rail-fare-131325240.html
https://www.bbc.co.uk/news/articles/cn7lxjz3ek3o

thelawnet

FWIW there are multiple types of wrongful prosecution:

• anyone  ata all convicted under Regulation of Railways Act 1889 s 5(1) or s 5(3) via Single Justice Procedure - these will likely be voided
• anyone convicted under Regulation of Railways Act 1889 s 5(1) or s 5(3) or The Railway Byelaws after they had appealed a penalty fare UNLESS (very rare!) the penalty fare was withdrawn before the appeal was decided. It is not clear what, if anything, will be done with these.
• anyone convicted under Regulation of Railways Act 1889 s 5(1) in cases where they had provided an address, which should be a complete airtight defence to conviction. Again, not clear what/if anything will be done about this.

Full explanation here: https://matthewbrealey.medium.com/the-english-rail-single-justice-procedure-scandal-24dd9e59cfc4