Source · Select Committees · Justice Committee
Recommendation 7
7
Paragraph: 73
We agree that every defendant who is privately prosecuted should be informed of his or...
Recommendation
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.
Paragraph Reference:
73
Government Response
Acknowledged
HM Government
Acknowledged
See the response to recommendation 4 above. Recommendation 9. It is incumbent on the Government to ensure that the rise in the number of private prosecutions does not result in the development of a parallel system where the public interest, accountability and transparency are secondary to private interests. (Paragraph 77) Response We agree that there should be no disparity between the standard of justice in private and public prosecutions. The same evidential and legal standards apply to both, and we are confident that reforms such as those made in Criminal Procedure Rules in 2019, and those now proposed to the costs regime, will help to avoid any such disparity.