Fare Evasion Solicitors for Wrongful Prosecutions

Over 74,000 rail fare evasion prosecutions in England and Wales are set to be overturned. Fare evasion prosecutions can have serious consequences, affecting your criminal record, employment prospects, and overall reputation.

With Twelve Tabulae as your fare evasion solicitors, you could be entitled to significant compensation over and above what the railway company may initially offer you. Seeking timely legal advice is essential to safeguarding your rights and achieving the best possible outcome.

Landmark Ruling Overturns Thousands of Fare Evasion Convictions

A recent landmark ruling at Westminster Magistrates’ Court has invalidated thousands of train fare evasion prosecutions, entitling those affected to have their criminal convictions quashed.

The court determined that numerous cases brought by transport companies, including Northern Rail and Western Railway, were improperly handled using the Single Justice Procedure (SJP).

Six test cases were ruled void, with prosecutions under sections 5(1) and 5(3) of the Railways Act 1889 being found invalid when conducted under the Single Justice Procedure.

Chief Magistrate Paul Goldspring ruled that the SJP, a fast-track system designed for minor offences under the Criminal Justice and Courts Act 2015, was unlawfully applied to fare evasion cases.

The SJP allows a single magistrate to deal with a case behind closed doors, based on written evidence only. Intended for summary, non-imprisonable offences, the SJP was misused for fare evasion under the 1989 Act, which is not permitted by the procedure. The ruling affirmed that these charges were invalid and should never have been processed through the SJP.

Rail Companies’ Efforts to Address Wrongful Prosecutions

The Department for Transport (DfT) and the implicated train companies — Northern, TransPennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail North, and Merseyrail — are now working to compile a list of affected individuals.

This process will involve the rail company contacting those who have been wrongfully prosecuted and arranging refunds for fines and court costs. However, this process may take several months, and the exact number of cases remains unclear.

Legal Context and Judicial Reviews for Fare Evasion Cases

The misuse of the SJP for rail fare evasion cases follows a series of judicial reviews and precedents such as Haye [2002] and Gayle [2004], which involved quashing convictions due to procedural non-compliance.

More recent rulings in Sekhon [2003], Soneji [2006], and Ashton [2007] established a more flexible approach, focusing on whether Parliament intended breaches of procedure to invalidate proceedings.

The latest ruling now suggests that significant procedural errors, like the misuse of the SJP in fare evasion cases, make the proceedings invalid from the start.

What Does This Mean for You?

If you have been affected by a wrongful prosecution for fare evasion, you could be entitled to compensation based on the particular circumstances of your case, that may go well beyond that initially offered to you by the train companies involved.

Why Act Now?

The misuse of the Single Justice Procedure has highlighted significant procedural errors in fare evasion prosecutions, offering a unique opportunity to address wrongful convictions. Twelve Tabulae, fare evasion solicitors in London, have the experience and expertise to guide you through this process, providing legal representation tailored to your circumstances.

Contact Twelve Tabulae today, specialists in criminal law, to start your recovery process to ensure your rights are upheld and to begin the journey toward clearing your name.

Fare Evasion Conviction FAQs

How long does fare evasion stay on the criminal record?
A fare evasion conviction can remain on your criminal record indefinitely unless removed through legal action. This can have far-reaching consequences, such as affecting employment opportunities, travel, and even housing applications. Having the conviction quashed will ensure it no longer appears on your record, preventing ongoing repercussions.

Will I lose my job for fare evasion?
Employment contracts often include clauses about criminal offences, and a conviction for fare evasion could lead to disciplinary action or dismissal in certain professions. By addressing the wrongful prosecution and ensuring the conviction is removed, you can safeguard your career and avoid the serious consequences of a criminal record.

What is the penalty for fare evasion in the UK?
Penalties for fare evasion vary but can include fines, court costs, and in some cases, a criminal conviction. A conviction can have a greater impact than the financial penalty, leading to long-term damage to your personal and professional life. Removing this conviction is crucial to mitigating its impact.

Will fare evasion show up in CRB checks?
Yes, a fare evasion conviction can appear on a Disclosure and Barring Service (DBS) check, potentially limiting your ability to secure certain jobs, particularly those requiring a clean criminal record. Getting your conviction quashed ensures that it no longer appears on these checks, protecting your future opportunities.

Simon Caltagirone
CEO and Senior Solicitor