Select committee: Justice Committee

9th Report: Private prosecutions: safeguards

HC 497 Published 2 October 2020

Justice Committee Private prosecutions: safeguards Report on parliament.uk ↗

At a glance8 recommendations and 1 conclusion · Government response published 4 March 2021 (deadline 5 December 2020)

The government's response

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.

Read the government's response ↗ Report an error

What the committee recommended 9

1
The startling figures on the scale of the Post Office’s prosecutions, together with concerns raised... Recommendation · paragraph 15
2
It is a strength of the current system that it enables corporate victims of crime... Conclusion · paragraph 28
3
The Committee agrees with the CPS that the Government should urgently review funding arrangements for... Recommendation · paragraph 37
4
The Government should strengthen the safeguards that regulate private prosecutions to ensure that any organisation... Recommendation · paragraph 60
5
We recommend that HMCTS establish a central register of all private prosecutions in England and... Recommendation · paragraph 65

See all 9 recommendations and conclusions

Sources

9th Report: Private prosecutions: safeguards ↗The committee's report, HC 497, parliament.uk
10th Special Report - Private prosecutions: safeguards: Goverment Response to the Committee’s Ninth Report ↗The government's response, 4 March 2021, parliament.uk

Recommendations and conclusions 9

1
The startling figures on the scale of the Post Office’s prosecutions, together with concerns raised... Recommendation · paragraph 15 · addressed to Ministry of Justice Recommendation (the committee's words)
The startling figures on the scale of the Post Office’s prosecutions, together with concerns raised by the Environmental, Food and Rural Affairs Committee in relation to the RSPCA in 2016 and reports that the number of private prosecutions is rising, justify a proactive approach to examining the effectiveness of the regulation of this area of the criminal justice system.
2
It is a strength of the current system that it enables corporate victims of crime... Conclusion · paragraph 28 · addressed to Ministry of Justice Conclusion (the committee's words)
It is a strength of the current system that it enables corporate victims of crime to pursue justice when public authorities decline to intervene. The lack of a prosecution can represent injustice just as much as a prosecution wrongly brought. However, in a modern criminal justice system whether an offence is prosecuted or not should not depend on whether the victim has the financial resources to conduct a prosecution.
3
The Committee agrees with the CPS that the Government should urgently review funding arrangements for... Recommendation · paragraph 37 · addressed to Ministry of Justice 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.
4
The Government should strengthen the safeguards that regulate private prosecutions to ensure that any organisation... Recommendation · paragraph 60 · addressed to Ministry of Justice 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.
5
We recommend that HMCTS establish a central register of all private prosecutions in England and... Recommendation · paragraph 65 · addressed to Ministry of Justice Recommendation (the committee's words)
We recommend that HMCTS establish a central register of all private prosecutions in England and Wales.
6
The Committee recommends that HMCTS should ensure that the CPS is notified when a private... Recommendation · paragraph 71 · addressed to Ministry of Justice Recommendation (the committee's words)
The Committee recommends that HMCTS should ensure that the CPS is notified when a private prosecution is initiated. The notification process should be integrated into the structure of the central register of private prosecutions.
7
We agree that every defendant who is privately prosecuted should be informed of his or... Recommendation · paragraph 73 · addressed to Ministry of Justice 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.
8
There is a strong case that organisations which bring significant numbers of private prosecutions should... Recommendation · paragraph 76 · addressed to Ministry of Justice 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.
9
It is incumbent on the Government to ensure that the rise in the number of... Recommendation · paragraph 77 · addressed to Ministry of Justice Recommendation (the committee's words)
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.