Private prosecutions: safeguards
Justice Committee
Closed
Inquiry
This inquiry examined the safeguards that exist for private prosecutions brought by organisations who act as the investigator, prosecutor but are also the victim of the alleged offence. It looked at: Whether existing safeguards are enough to limit the potential for private prosecutions by large organisations to cause miscarriages of …
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8
Recommendations
1
Conclusion
1
Report
6
Letters
2
Events
Activity timeline 8 events
1 Nov
2022
2022
18 Jan
2022
2022
8 Dec
2021
2021
22 Jul
2021
2021
Correspondence
4 Mar
2021
2021
2 Oct
2020
2020
Report published
24 Jun
2020
2020
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| 9th Report: Private prosecutions: safeguards | HC 497 | 2 Oct 2020 | 9 | Responded |
Recommendations & Conclusions
9 results
1
Recommendation
Acknowledged
9th Report: Private prosecutions: …
The startling figures on the scale of the Post Office’s prosecutions, together with concerns raised...
The startling figures on the scale of the Post Office’s prosecutions, together with concerns raised by the Environmental, Food and Rural Affairs Committee in relation to the RSPCA in 2016 and reports that the number of private prosecutions is rising, …
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Government Response
The government shares the Committee's concern regarding the rise in private prosecutions and notes that the RSPCA's role as prosecutor is currently under discussion with the Attorney General's Office.
Ministry of Justice
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2
Conclusion
Acknowledged
9th Report: Private prosecutions: …
It is a strength of the current system that it enables corporate victims of crime...
It is a strength of the current system that it enables corporate victims of crime to pursue justice when public authorities decline to intervene. The lack of a prosecution can represent injustice just as much as a prosecution wrongly brought. …
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Government Response
The government agrees that private prosecutions brought by victims, whether corporate or individual, still play a valuable role when public authorities cannot prosecute every worthy offence.
Ministry of Justice
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3
Recommendation
Accepted in Part
9th Report: Private prosecutions: …
The Committee agrees with the CPS that the Government should urgently review funding arrangements for...
The Committee agrees with the CPS that the Government should urgently review funding arrangements for private prosecutions in order to address the inequality of access to the right; to ensure a fair balance between the prosecutor and the defendant; and …
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Government Response
The government agrees that funding arrangements for private prosecutions are inequitable and commits to legislative amendment to cap recoverable costs from central funds at legal aid rates. They are also considering limiting costs from convicted defendants and reviewing discretion for withholding central fund payments, pending further consultation.
Ministry of Justice
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4
Recommendation
Rejected
9th Report: Private prosecutions: …
The Government should strengthen the safeguards that regulate private prosecutions to ensure that any organisation...
The Government should strengthen the safeguards that regulate private prosecutions to ensure that any organisation that conducts a substantial number of prosecutions is subject to the same regulatory standards and expectations of accountability and transparency as public prosecutors. We recommend …
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Government Response
The government rejects the recommendation to enact a binding code of standards enforced by a regulator for private prosecutors, stating it is not persuaded it would be a proportionate response, but will continue to consider other actions to improve accountability and transparency.
Ministry of Justice
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5
Recommendation
Accepted
9th Report: Private prosecutions: …
We recommend that HMCTS establish a central register of all private prosecutions in England and...
We recommend that HMCTS establish a central register of all private prosecutions in England and Wales.
Government Response
The government agrees to establish a central register of private prosecutions, stating it is in hand and will be completed by the end of this year, including prosecutor/defendant names, offence, and summons application status.
Ministry of Justice
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6
Recommendation
Rejected
9th Report: Private prosecutions: …
The Committee recommends that HMCTS should ensure that the CPS is notified when a private...
The Committee recommends that HMCTS should ensure that the CPS is notified when a private prosecution is initiated. The notification process should be integrated into the structure of the central register of private prosecutions. (Paragraph 71) Private prosecutions: safeguards 31
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Government Response
The government rejects the recommendation, explaining that similar proposals were previously rejected due to concerns about imposing a significant resource burden on the CPS, which would feel obliged to review notified cases. The Criminal Procedure Rule Committee also declined the recommendation for similar reasons.
Ministry of Justice
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7
Recommendation
Not Addressed
9th Report: Private prosecutions: …
We agree that every defendant who is privately prosecuted should be informed of his or...
We agree that every defendant who is privately prosecuted should be informed of his or her right to seek a review from the CPS. We recommend that this change be implemented by a change to the Criminal Procedure Rules. In …
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Government Response
The government's response refers to a previous recommendation (number 4) and then discusses recommendation 9, stating agreement on ensuring no disparity between private and public prosecutions. The specific recommendations regarding changes to Criminal Procedure Rules or a duty on police were not addressed.
Ministry of Justice
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8
Recommendation
Not Addressed
9th Report: Private prosecutions: …
There is a strong case that organisations which bring significant numbers of private prosecutions should...
There is a strong case that organisations which bring significant numbers of private prosecutions should be subject to inspections. If an organisation is found to be misusing the power to bring private prosecutions, then the body responsible for inspecting all …
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Government Response
The government's response states agreement on ensuring no disparity between private and public prosecutions through existing and proposed reforms to rules and costs, but it does not address the recommendation for inspecting private prosecution organisations or granting powers to restrict their prosecution rights.
Ministry of Justice
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9
Recommendation
Accepted
9th Report: Private prosecutions: …
It is incumbent on the Government to ensure that the rise in the number of...
It is incumbent on the Government to ensure that the rise in the number of private prosecutions does not result in the development of a parallel system where the public interest, accountability and transparency are secondary to private interests. (Paragraph …
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Government Response
The government agrees there should be no disparity between private and public prosecutions and is confident that reforms made to Criminal Procedure Rules in 2019 and proposed changes to the costs regime will prevent a parallel justice system.
Ministry of Justice
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Correspondence 6 letters
1 Nov 2022
To committee
Letter from Gareth Johnson MP, Parliamentary Under Secretary of State for Justice, dated 25 October 2022, on private prosecutions - safeguards
Parliament page
18 Jan 2022
To committee
Letter from James Cartlidge MP, Parliamentary Under-Secretary of State for Justice, dated 13 January 2022, on Private Prosecutions Safeguards
Parliament page
8 Dec 2021
From committee
Letter to the Deputy Prime Minister and Lord Chancellor, dated 25 November 2021, on the response to Private Prosecutions report
Parliament page
22 Jul 2021
Evidence from Post Office on Private prosecutions safeguards
Parliament page
24 Jun 2020
To committee
Letter from Helen Pitcher, Chairman, Criminal Cases Review Commission on Post Office private prosecutions
Parliament page
24 Jun 2020
To committee
Letter from Sir Robert Neill MP, Chair, Justice Committee to Helen Pitcher, Chairman, Criminal Cases Review Commission on Private prosecutions: safeguards
Parliament page