Select committee: Justice Committee
Conclusion 2
9th Report: Private prosecutions: safeguards
Published 2 Oct 2020
Paragraph 28
Addressed to Ministry of Justice
Justice Committee Private prosecutions: safeguards All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
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.
From: Justice Committee, 9th Report: Private prosecutions: safeguards (HC 497), paragraph 28, 2 October 2020
Government response
The government responded to the whole report on 4 March 2021 (deadline 5 December 2020).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government welcomes the report and agrees with several recommendations, including on funding and a central register, but is "not persuaded" that a binding code of standards would be proportionate and does not adopt the notification proposals.
- On funding, it agrees that costs recoverable from central funds by a private prosecutor should be capped at legal aid rates, which "will require an amendment of the existing legislation".
- It is "minded to agree" that costs recoverable from a convicted defendant should be limited, but "wish[es] to consult further on this".
- On a central register, it says establishment is "in hand and will be completed by the end of this year".
- It is "not persuaded" that a binding code or inspection regime would be proportionate, and says it "shall continue to consider" other action to improve accountability and transparency.