Single Justice Procedure

Single Justice Procedure Notice for Fare Evasion

Summary

A Single Justice Procedure Notice (SJPN) is a document issued by a court allowing certain offences to be dealt with by a single magistrate without a hearing, unless the defendant requests one. In fare evasion cases, an SJPN requires a response within a deadline. Failure to respond can result in a conviction in your absence. David Roy advises on responding to SJPNs and on the 2024 ruling that quashed around 75,000 unlawful SJP fare evasion convictions.

What it is

What is a Single Justice Procedure Notice?

A Single Justice Procedure Notice (SJPN) is a court document used for certain minor criminal offences. It allows a single magistrate to deal with a case without a full hearing, provided the defendant does not request one. The SJPN will set out the alleged offence, ask whether you plead guilty or not guilty, and give a deadline — usually 21 days — for your response.

If you plead guilty by post, a single magistrate can convict and sentence you without you appearing in court. If you plead not guilty or do not respond, the court will list the matter for a hearing.

Critically, if you do not respond at all, the magistrate may deal with the case in your absence and enter a conviction. This is how many people have received convictions without being aware of the proceedings — particularly where the SJPN was sent to an old address or where personal details given at the time of the alleged offence were incorrect.

The 2024 ruling

The 75,000 quashed convictions.

In August 2024, the Chief Magistrate ruled that a number of rail operators had unlawfully used the Single Justice Procedure to prosecute fare evasion offences under section 5(3) of the Regulation of Railways Act 1889. The ruling found that section 5 offences require a hearing before a full court and cannot lawfully be dealt with by the Single Justice Procedure. As a result, around 75,000 convictions were quashed.

The operators affected included Northern, TransPennine Express, Avanti West Coast, Greater Anglia, Great Western Railway, and Merseyrail. If you were convicted between 2018 and 2023 under the SJP by one of these operators for a section 5 offence, your conviction may have been quashed. David advises on whether any individual conviction falls within the scope of the ruling.

How to respond

What to do when you receive an SJPN.

Do not ignore an SJPN. Failure to respond before the deadline can result in a conviction in your absence. Before responding, take legal advice — the way you respond can significantly affect the outcome.

Options when responding to an SJPN include: pleading not guilty and requesting a hearing; pleading guilty with written mitigation; or making representations to the prosecution seeking withdrawal before any response is filed. David advises on the most appropriate approach in each case before any response is submitted to the court.

Frequently asked questions

Common questions

What should I do if I receive a Single Justice Procedure Notice for fare evasion?
Do not ignore it. An SJPN requires a response within a set deadline, usually 21 days. Failure to respond can result in a conviction in your absence. Take legal advice before responding — the way you respond, and whether representations are made to the prosecution first, can significantly affect the outcome.
Can I request a court hearing instead of being dealt with under the SJP?
Yes. If you plead not guilty on the SJPN, or if you request a hearing, the matter will be listed before a court rather than being dealt with by a single magistrate on the papers. David advises on whether requesting a hearing is appropriate in the specific circumstances.
Were all fare evasion SJP convictions quashed by the 2024 ruling?
No. The 2024 ruling specifically affected section 5(3) Regulation of Railways Act 1889 convictions that were dealt with under the SJP between 2018 and 2023 by certain operators. Byelaw offences were not affected. TfL prosecutions under byelaws were not within the scope of the ruling. David advises on whether a specific conviction is affected.
My conviction was quashed by the 2024 ruling — what happens next?
If your conviction was quashed, the case may be relisted for hearing. The operator then decides whether to continue the prosecution. Representations can be made to the prosecution seeking withdrawal. David advises on the options available once a conviction is quashed.
What if I was convicted under the SJP without knowing about it?
If you were convicted under the SJP without having known about the proceedings, you may be able to make a statutory declaration to set aside the conviction and have the case reheard. The statutory declaration must generally be made within 21 days of discovering the conviction.

Need advice? Call David Roy.

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