Select committee: Justice Committee
Recommendation 3
9th Report: Private prosecutions: safeguards
Published 2 Oct 2020
Paragraph 37
Addressed to Ministry of Justice
Justice Committee Private prosecutions: safeguards All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
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.
From: Justice Committee, 9th Report: Private prosecutions: safeguards (HC 497), paragraph 37, 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.