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Select Committee · Justice Committee

Private prosecutions: safeguards

Status: Closed Opened: 23 Jun 2020 Closed: 31 Oct 2022 8 recommendations 1 conclusion 1 report

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 justice The merits of additional … Show more

Clear

Reports

1 report
Title HC No. Published Items Response
9th Report: Private prosecutions: safeguards HC 497 2 Oct 2020 9 Responded

Recommendations & Conclusions

2 items
4 Recommendation 9th Report: Private prosecutions: safeg… Rejected

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 that the Government should consider enacting a binding code of … Read more

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.
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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...

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 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.
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Ministry of Justice

Correspondence

6 letters
DateDirectionTitle
1 Nov 2022 To cttee Letter from Gareth Johnson MP, Parliamentary Under Secretary of State for Justi…
18 Jan 2022 To cttee Letter from James Cartlidge MP, Parliamentary Under-Secretary of State for Just…
8 Dec 2021 From cttee Letter to the Deputy Prime Minister and Lord Chancellor, dated 25 November 2021…
22 Jul 2021 — Evidence from Post Office on Private prosecutions safeguards
24 Jun 2020 To cttee Letter from Helen Pitcher, Chairman, Criminal Cases Review Commission on Post O…
24 Jun 2020 To cttee Letter from Sir Robert Neill MP, Chair, Justice Committee to Helen Pitcher, Cha…