Single Justice Procedure Notice – Railways and Regulations

Rhys Rosser • September 1, 2024

Headlines were recently made as a result of a ruling from the Chief Magistrate which meant that thousands of prosecutions for fare evasion would be overturned.

In April 2015, a new procedure was introduced for charging and prosecuting individuals. This was known as the Single Justice Procedure. Section 29 of the Criminal Justice Act 2003 provided that where an individual was charged, they could consent to being dealt with pursuant to the Single Justice Procedure.


Section 16A of the Magistrates Court Act 1980 sets out the procedure, it means that a single magistrate will consider proceedings simply on the papers – they will not hold a hearing. This has attracted substantial criticism as it means that proceedings are held in private, rather than being in public court rooms. 


One of the main difficulties with the procedure, is that it allows for it to continue in the Defendant’s absence as long as the Prosecution can prove that the charge and requisition were served on the Defendant. This means sending the paperwork to the Defendant’s last known address. 


The Single Justice Procedure may only be applied to a summary offence (i.e. those that can only be dealt with by the Magistrates Court) and that a sentence of imprisonment cannot be imposed for the offence.


These proceedings can be particularly difficult in cases where an individual may receive penalty points as part of their sentence. This can mean that individuals receive penalty points without realising as a result of postal failings or having moved address.


The decision made in the case known as Northern Trains Limited related to offences prosecuted pursuant to Section 5 of the Regulations of Railways Act 1889. This is a summary non-imprisonable offence. However, where proceedings are commenced by a body which is not the CPS – in this case a licensed Railways Operator – there are limits on what offences can be prosecuted. It emerged during analysis that the Section 5 offences are not defined as “Railway Offences” in the legislation which defines what offences can be prosecuted by Railway Operators.


This means that any prosecution for travelling without a valid ticket may well be unlawful and capable of being over-turned. The proceedings will now be dealt with what is known as Section 142 of the Magistrates Court Act 1980 and be re-opened and dismissed. 


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