KirkstallOne
Member
This refers to this ruling from August 2024 (can be referred to as 'Northern Trains Limited v Ballington'):However I am unsure what you mean here: and the last sentence of paragraph 69 of the judgement (with the references of course so they can read them in context should they not already be aware)?
https://www.judiciary.uk/wp-content/uploads/2024/08/Railway-Ruling-Final-Judgment-1.pdf
Paragraphs 68 and 69 cover exactly the situation you are in (bold is mine). Note this is not the Chief Magistrate ruling on this position, it just says that Northern and Greater Anglia had both agreed with this position. That is why it is so surprising to see Northern trying to prosecute a case such as yours less than a year later.
68. In addition to the issue ruled on above both prosecutors invited me to rule on the lawfulness of prosecuting railway offences following an unsuccessful appeal of a penalty fare, it is not thought that is the position with any of the above case
69. Both prosecutors provided written and oral submissions on the law, broadly agreeing the position in law is as follows;
Regulation 11(3) contains a clear prohibition on the instigation of proceedings for Byelaw offences, or offences contrary to section 5(3)(a) or (b) of the RRA after an appeal against a penalty fare has been determined. The Railway Operator has the opportunity either within 21 days of receipt of the appeal or prior to determination of the appeal (whichever is the shorter) to cancel the penalty fare and bring a prosecution. It is therefore not deprived of any avenue otherwise open to it. It is simply given a time limit in which to make a decision about which route to pursue. Having made a decision, deliberately, or by acquiescence, the possibility of prosecution is brought to an end. There is nothing within the regulation to suggest that the right to prosecute is resurrected after the penalty fare appeal process has concluded. There are good reasons to prefer such an interpretation: first, appropriate use of the State’s resources: an appeal process, with several levels, should not take place only then to become redundant if a Rail Operator chooses to bring a prosecution, second, it is undesirable to have an independent appeal process and criminal court effectively determining the same substantive issues where they could reach different determinations, third, finality, fourth, an individual appealing a penalty fare is required to set out their grounds for doing so, and may make any representations they wish to: the effect is they may both set out an evidential account, and self-incriminate – there would be unfairness if criminal proceedings could follow that process. It follows that any prosecution of a Byelaw offence, or section 5(3)(a) or (b) RRA offence, following an unsuccessful appeal of a penalty fare was invalid.