Select committee: Justice Committee
Recommendation 8
9th Report: Private prosecutions: safeguards
Published 2 Oct 2020
Paragraph 76
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)
There is a strong case that organisations which bring significant numbers of private prosecutions should be subject to inspections. If an organisation is found to be misusing the power to bring private prosecutions, then the body responsible for inspecting all prosecutors and enforcing the code, be it the CPS, HMCPSI or another public body, should be able to remove the right of an organisation to bring a prosecution, or to require them to obtain consent from the Attorney General or the DPP before they can initiate a prosecution.
From: Justice Committee, 9th Report: Private prosecutions: safeguards (HC 497), paragraph 76, 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.