9th Report: Private prosecutions: safeguards

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.

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.

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.

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.

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.

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.

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.

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.

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.