Transport Focus response to Ministry of Justice consultation

29 July 2025

Transport Focus response to the Ministry of Justice’s consultation on oversight and regulation of private prosecutors in the criminal justice system.

Transport Focus is the independent consumer watchdog representing the interests of rail users throughout Great Britain; bus, coach and tram users across England, outside London; and users of the motorways and major ‘A’ roads in England. Working with transport providers and governments across England, Scotland and Wales – and in partnership with our colleagues at London TravelWatch – we ensure that the users’ voice is heard.

We are responding to this consultation from our perspective as passenger champions and our understanding of the experiences of rail users.

Whilst outside the scope of this consultation, we note there is widespread recognition that fares, ticketing and retail for the rail industry is complex. People can, and do, make mistakes which sometimes end in serious consequences for passengers who had no intent to defraud. Conversely, there is also significant challenge to railway revenues as people use sophisticated techniques and concerted efforts to defraud. Conservative estimates suggest that fare evasion costs the railway a minimum of £240 million a year.

Transport Focus has always accepted that those who deliberately set out to avoid paying should face punishment. However, we remain concerned at the use of criminal prosecutions when there is no proof of intent to evade. This makes it too easy for simple mistakes to be treated as criminal activity.

We welcome the opportunity to respond to this consultation and are broadly supportive of the Government’s suggestions to reform oversight and regulation of private prosecutions.

You can read our full consultation response by clicking here.