Select committee: Justice Committee
Recommendation 7
9th Report: Private prosecutions: safeguards
Published 2 Oct 2020
Paragraph 73
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)
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.
From: Justice Committee, 9th Report: Private prosecutions: safeguards (HC 497), paragraph 73, 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.