Private prosecutions: safeguards

Justice Committee Closed Inquiry
Opened: 23 Jun 2020 Closed: 31 Oct 2022 Parliament page
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 … Read more
4 Recommendations
5 Conclusions
1 Report
6 Letters
2 Events
Activity timeline 10 events
1 Nov
2022
Correspondence
18 Jan
2022
Correspondence
8 Dec
2021
Correspondence
22 Jul
2021
Correspondence
25 May
2021
Formal meeting (oral evidence session) · Virtual meeting
4 Mar
2021
Report published
2 Oct
2020
Report published
7 Jul
2020
Formal meeting (oral evidence session) · Virtual meeting
24 Jun
2020
Correspondence
24 Jun
2020
Correspondence
Title HC No. Published Items Response
9th Report: Private prosecutions: safeguards HC 497 2 Oct 2020 9 Responded
Recommendations & Conclusions
9 results
1 Conclusion
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, … Read more
Government Response
We share the Committee’s concern about the rise in the number of private prosecutions and the resulting cost to the public purse; the increase in itself justifies the Committee’s detailed … Read more
Ministry of Justice
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2 Conclusion
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. … Read more
Government Response
We agree that since not every offence worthy of prosecution can be prosecuted by the CPS, SFO or other appropriate public authority, there are circumstances where prosecutions brought by victims … Read more
Ministry of Justice
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3 Recommendation
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 … Read more
Ministry of Justice
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4 Recommendation
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 … Read more
Ministry of Justice
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5 Recommendation
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.
Ministry of Justice
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6 Conclusion
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 Read more
Government Response
A proposal to require notice of a private prosecution to be given to the CPS was considered and rejected when the bill that became the Prosecution of Offences Act 1985 … Read more
Ministry of Justice
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7 Recommendation
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 … Read more
Ministry of Justice
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8 Conclusion
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 … Read more
Government Response
We agree that there should be no disparity between the standard of justice in private and public prosecutions. The same evidential and legal standards apply to both, and we are … Read more
Ministry of Justice
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9 Conclusion
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 … Read more
Government Response
We agree that there should be no disparity between the standard of justice in private and public prosecutions. The same evidential and legal standards apply to both, and we are … Read more
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