Network Rail faces court case over fatal Scotland train crash

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Network Rail, the owner and operator of Britain’s rail infrastructure, is facing prosecution over a train crash in north-east Scotland three years ago that killed three people.

The public body will face undisclosed charges over the crash near Carmont in Aberdeenshire in the High Court in Aberdeen on September 7, the Scottish Courts and Tribunals service said on Tuesday.

The case relates to a fatal incident on August 12 2020, when a passenger train collided with debris washed on to the track following extreme rainfall near Carmont.

Three people — the train’s driver, conductor and one passenger — were killed, and the other six passengers were injured. The incident marked the first passenger deaths on the UK railways since the Grayrigg derailment in February 2007, and the first multi-fatality incident since the 2002 Potters Bar rail crash.

The Crown Office and Procurator Fiscal Service, Scotland’s public prosecution service, said in January that it was considering bringing charges following an investigation by Police Scotland, the British Transport Police and industry regulator the Office of Rail and Road.

The case will be heard under a section 76 procedure, which under Scottish law refers to a procedure where the accused desires to plead guilty.

The train, which was originally travelling from Aberdeen to Glasgow, was returning towards Aberdeen because of a blockage reported on the line ahead, and was travelling at 73mph when it collided with the debris on the track.

The collision caused the train to derail before striking a bridge parapet, according to a report into the crash from the Rail Accident Investigation Branch, a government agency, published in 2022.

Network Rail did not comment on the charges, but said it accepted there were “fundamental lessons to be learnt” in light of the RAIB’s report. The probe found that debris had washed on to the track from a drainage system not properly constructed by outsourcing company Carillion, which has since entered into liquidation.

“Had the drainage system been installed in accordance with the design it is highly likely to have safely accommodated the flow of surface water,” the report said.

Investigators made a series of recommendations following the crash, including changes to Network Rail’s processes around contractual and project management and infrastructure inspections.

Network Rail said it had inspected all similar locations across Britain “immediately after the incident”, and conducted a full survey of all types of trackside drainage on Scotland’s Railway.

The body said it had “committed to deliver on the recommendations made by RAIB” and made other “significant changes” around its extreme weather practices, including how train services are managed when severe weather warnings are in place.

“Since August 2020, we have been working hard to make our railway safer for our passengers and colleagues,” Network Rail said.