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Update � 21 March 2025

On Thursday 15 August 2024 the  on a small number of cases where several train companies had prosecuted using the Single Justice Procedure (SJP) in error. This was to decide how erroneous proceedings and convictions are dealt with. He decided that these cases should be declared invalid, and anything paid for that offence should be reimbursed. 

The next stage was to list other cases of this type before the court so that a decision can be made as to whether they too should be declared invalid.  

All identified cases were listed before the court on several dates between Thursday 28 November 2024 and Thursday 13 February 2025. Cases related to a particular rail provider were heard together and the people involved in these cases were not required to attend those hearings.

The court took the decision to declare these cases invalid. HMCTS has used court records and case information held by rail providers to contact the vast majority of those affected in writing. These letters outline what will happen next, depending on whether an individual has already paid none, some or all of a financial penalty relating to their case. 

For a small minority of cases where HMCTS needs to clarify the data it holds relating to the case, those individuals will be contacted during the next few weeks.

If you believe that your address has changed since you last provided this to HMCTS, please make contact via telephone on 0300 303 5858 to provide updated information. You will also need your case number or account number so that we can update your details. 

If a case does not meet all of the following criteria then we can already confirm that you are not affected. Affected cases were prosecuted:   

• by Northern, Transpennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail Northern, Merseyrail or C2C 

• between 2018 and 2023 (with the vast majority of affected cases prosecuted from 2020) 

• under Section 5(1) or 5(3) of Regulation of Railways Act (and the wording of one of these would have appeared on the single justice notice you would have received)

Background

The SJP allows those who plead guilty to some low-level, non-imprisonable crimes to resolve their case without going to court. �

Train companies and various other bodies are authorised by the Criminal Justice Act 2003 (New Method of Instituting Proceedings) (Specification of Relevant Prosecutors) Order 2016 to institute proceedings by a SJP Notice.  �

The decision to use SJP is a matter for prosecutors. When cases come to court, magistrates decide on conviction and sentence, advised by legal advisers.

Rail fare offences 

HMCTS, the Department for Transport and the Ministry of Justice are aware that several train companies have prosecuted in error some specific offences through SJP in circumstances where:  �

• the offence was not included in the 2016 Order or 

• the offence was imprisonable (albeit no prison sentence was passed for these offences through SJP) 

Any procedural error of this type would only relate to specific rail fare offences and does not affect any other type of SJP prosecution.