Recommendations & Conclusions
9 items
1
Recommendation
9th Report: Private prosecutions: safeg…
Acknowledged
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, justify a proactive approach to examining the effectiveness of the …
Read more
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, justify a proactive approach to examining the effectiveness of the regulation of this area of the criminal justice system. (Paragraph 15) The state of private prosecutions
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice
2
Conclusion
9th Report: Private prosecutions: safeg…
Acknowledged
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. However, in a modern criminal justice system whether an offence …
Read more
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. However, in a modern criminal justice system whether an offence is prosecuted or not should not depend on whether the victim has the financial resources to conduct a prosecution.
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice
3
Recommendation
9th Report: Private prosecutions: safeg…
Accepted in Part
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 to ensure the most cost-effective use of public funds. We …
Read more
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 to ensure the most cost-effective use of public funds. We acknowledge the proposal made by the Centre for Women’s Justice that private prosecutors’ recoverable costs should be capped at legal aid rates. We think there should be no disparity between the claims that can be made from central funds by prosecutors and defendants. We also support the proposal made by the CLRNN that defendants prosecuted by private prosecutors should pay no more than would be paid had they been prosecuted by the CPS. (Paragraph 37) The effectiveness of existing safeguards
Show less
Government response AI summary
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 …
Read full response →
Ministry of Justice
4
Recommendation
9th Report: Private prosecutions: safeg…
Rejected
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 that the Government should consider enacting a binding code of …
Read more
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 that the Government should consider enacting a binding code of standards, enforced by a regulator, that applies to all private prosecutors and investigators. (Paragraph 60) Strengthening safeguards
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice
5
Recommendation
9th Report: Private prosecutions: safeg…
Accepted
We recommend that HMCTS establish a central register of all private prosecutions in England and Wales.
Government response AI summary
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.
Read full response →
Ministry of Justice
6
Recommendation
9th Report: Private prosecutions: safeg…
Rejected
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
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
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice
7
Recommendation
9th Report: Private prosecutions: safeg…
Not Addressed
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 situations where the police are involved in a private prosecution …
Read more
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 situations where the police are involved in a private prosecution and the role of the magistrate is circumvented (which was drawn to our attention by the Criminal Law Reform Now Network) it will be especially important that the defendant is notified of his or her right to request a review of the prosecution. We recommend that in such a scenario there should be a duty upon the police to inform the defendant that they are to be prosecuted by a body other than the CPS and that they have a right to request a review.
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice
8
Recommendation
9th Report: Private prosecutions: safeg…
Not Addressed
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 prosecutors and enforcing the code, be it the CPS, HMCPSI …
Read more
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 prosecutors and enforcing the code, be it the CPS, HMCPSI or another public body, should be able to remove the right of an organisation to bring a prosecution, or to require them to obtain consent from the Attorney General or the DPP before they can initiate a prosecution.
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice
9
Recommendation
9th Report: Private prosecutions: safeg…
Accepted
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 77) 32 Private prosecutions: safeguards
Read more
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 77) 32 Private prosecutions: safeguards
Show less
Government response AI summary
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.
Read full response →
Ministry of Justice