Almost £5 million has been repaid to victims of a major miscarriage of justice involving unlawful fare evasion prosecutions. The Ministry of Justice (MoJ) has so far returned £4.9 million in fines, costs, and court fees, but more than half of those owed money have yet to come forward. A further £2.6 million in financial penalties remains unclaimed, and thousands of people may still be unaware that their convictions have been quashed.
More than 48,000 people had their criminal convictions overturned in 2024 after it was revealed that train companies had unlawfully used the fast-track Single Justice Procedure (SJP) to prosecute alleged fare dodgers. Just 10,339 of the 48,000 eligible have so far claimed their repayments, according to MoJ data.
Miscarriage of justice compounded by state inaction
Penelope Gibbs, director of campaign group Transform Justice, said: "The biggest miscarriage of justice in English and Welsh history has been compounded by the unwillingness of the state to find and compensate victims. The state should make every effort to ensure people know their criminal conviction is null and void. The Ministry of Justice has no idea whether most of the victims do. They should also compensate everyone who paid an average of £319 in fines and costs for not having the right train ticket. Compensating a minority of victims is no way good enough."
The scale of the issue came to light in August 2024 when chief magistrate Paul Goldspring ruled on six test cases of fare evasion prosecutions, finding them invalid because they had been brought through the SJP. This fast-track court process allows magistrates to convict and sentence individuals in private, but only for a limited set of offences approved by Parliament. Judge Goldspring concluded that MPs "didn't envisage these offences being prosecuted through the Single Justice Procedure."
Thousands still unaware of quashed convictions
The MoJ is believed to have contacted all 48,222 affected individuals at their last-known addresses, informing them that convictions dating from 2018 to 2023 had been overturned. Of those, 23,510 had paid the original fines, but just 10,339 have so far claimed their repayments. Many of those affected may remain unaware that their criminal records have been wiped, or that they are entitled to a refund.
Eight train companies were found to have brought invalid prosecutions: Northern, Transpennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail Northern, Merseyrail, Govia and C2C. Many cases involved alleged fare evasion under the Regulation of Railways Act 1889, which is not included in Parliament's list of offences eligible for the SJP.
Government review and calls for reform
A Government spokesperson said: "While fare evasion should be tackled, the right process should always be followed. We have contacted those affected whose details are available and set out how to arrange refunds where appropriate." The scandal has led to apologies from the train companies involved and triggered a Government review of how fare evasion cases are handled. It has also renewed calls for reform of the SJP system, where magistrates decide cases in bulk without open court hearings.
The Magistrates Association called for changes in 2024, saying that the fast-track system places undue pressure on magistrates to make quick decisions. It has repeated its call for reform following recent controversies about the fairness of the process. The Government is currently reviewing the SJP and has promised to "set out reforms shortly." Campaigners continue to argue that the state should do more to ensure all victims are identified and fully compensated. They say the MoJ has not provided enough information about how it plans to reach those who may have moved or changed contact details since their conviction.
