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 …
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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.
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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.
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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 …
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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.
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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.
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Ministry of Justice