Train company bosses have been warned they could be breaking the law if they allow unqualified staff to prosecute alleged fare dodgers.
A Department for Transport memo sent to operators states it is a “criminal offence” to let non-lawyers act as prosecutors in court cases with passengers accused of not buying the correct ticket.
The use of these lay prosecutors in those circumstances is not legal, the advice warns.
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There have been a series of high-profile cases in which passengers faced prosecution over small amounts of money.
In one example, a passenger was threatened with court action for accidentally selecting a 16-25 railcard ticket when they held a 26-30 railcard, which provides the same discount.
Transport Secretary Heidi Alexander has written to train operators stating that “any enforcement must be proportionate and not punish those making genuine mistakes”.
She added: “It is your responsibility to ensure that you are adequately protecting revenue in a cost effective but lawful way.”
The Cabinet minister said she accepted the recommendations of regulator the Office of Rail and Road (ORR), which included creating consistency in how passengers are treated when ticket issues arise, and ensuring passengers have clearer information about tickets.
Industry body the Rail Delivery Group has estimated that fare dodging creates £350 million to £400 million in lost revenue each year.
A Government source said: “Fare evasion costs the taxpayer hundreds of thousands of pounds a year and dents confidence in our railway, so we’re dead serious about tackling it.
“But enforcement must be proportionate. We can’t have operators going after an older person faced with an incomprehensible system, or a student who has made an honest mistake.
“We’re asking train companies to make sure they are prosecuting fare dodgers properly the first time.
“We’ll set out our full response to the ORR report in due course, and Great British Railways will simplify fares and ticketing – restoring a railway the public can be proud of again.”
The Government is bringing operators into public ownership as contracts expire.
GBR is an upcoming public sector body that will oversee Britain’s rail infrastructure and train operation.
