Passengers prosecuted for alleged fare dodging by a York-based rail firm are set to be refunded after a judge ruled that their convictions were void.
Northern, which has offices in Toft Green, is among four train companies that brought prosecutions against thousands of passengers using the controversial single justice procedure (SJP), despite not being permitted to do so.
The procedure allows magistrates’ hearings to be held behind closed doors.
As many as 74,000 people could have been prosecuted nationally under the SJP, although the exact number of those currently affected is unknown.
In a ruling on Thursday (August 15) at Westminster Magistrates Court, Chief Magistrate Paul Goldspring said six “test cases” should be declared “void”, adding that the cases of thousands of other cases would be dealt with in the same way over the coming months.
It followed a hearing in June where Judge Goldspring said he believed the prosecutions were “void” and “probably unlawful”, with lawyers for rail companies telling a further hearing last month they were “in agreement” the cases should be quashed.
The judge said the Courts Service, the Department for Transport and the train operating companies – two of which have not yet been identified – would work to identify those affected, and that “a team will be put in place to begin the work of recovering the money paid and refund the money to individuals” by November.
“There are discussions ongoing with all the parties about how that may be paid,” he added.
Neither the amount of money to be refunded nor the number of people affected has been confirmed, but Judge Goldspring said “over 74,000” people is a “best guess at the moment”.
Northern apologies 'for the errors that have occurred'
After Thursday’s hearing, a Northern spokesperson said: “We welcome the judgment of the Chief Magistrate in court today. We would like to apologise again for the errors that have occurred.
“We will now work with the court to implement today’s findings. We are unable to respond to individual inquiries in the meantime.
“Northern remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket.”
A government spokesperson said: “We acknowledge the Chief Magistrate’s judgment and welcome the apology from train operators. While fare evasion should be tackled, the right process should be followed at all times.
“The people affected will be directly contacted in due course to resolve the cases in accordance with the judgment.”
The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court.
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.
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