ORR decides not to proceed with Jarvis Rail Potters Bar prosecution

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The Office of Rail Regulation has today confirmed that it will not proceed with the prosecution of Jarvis Rail Limited over the Potters Bar derailment.

ORR has concluded that, while there remains sufficient evidence to provide a realistic prospect of conviction of Jarvis, a prosecution would no longer be in the public interest. In coming to this decision the regulator has taken account of a number of factors, including:

  • The changed nature of any future trial – Jarvis’s administrator’s have advised that they would take no part in any proceedings, while Network Rail has pleaded guilty. Under these circumstances, continuing proceedings against Jarvis would mean that any trial would be of Jarvis alone;
  • A trial of Jarvis alone would be lengthy, costly, if convicted lead to only a small financial penalty and delay the conclusion of the proceedings against Network Rail; and
  • Members of the victims’ families expressed the view that there was little value in continuing the prosecution.

The next hearing of the proceedings against Network Rail will take place at St Albans Crown Court on 30 March when a provisional date for the sentencing of Network Rail should be set.

To view a summary of ORR’s Jarvis decision click here.

 

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