Select committee: Justice Committee
Recommendation 4
9th Report: Private prosecutions: safeguards
Published 2 Oct 2020
Paragraph 60
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 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.
From: Justice Committee, 9th Report: Private prosecutions: safeguards (HC 497), paragraph 60, 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.