header-logo header-logo

01 March 2024 / Kate McMahon
Issue: 8061 / Categories: Opinion , Criminal , Fraud
printer mail-detail

In defence of private prosecutions

161595
The Post Office treated the wronged postmasters inexcusably. But let’s not throw the baby out with the bathwater, argues Kate McMahon

It would be a tragic irony if, in response to the inexcusable failures of the government-owned Post Office, a legal remedy available to those wronged were to be revoked. Indeed, such an act would require lawyers and the public to put unrestrained faith in the exact same government that has failed to adequately supervise its own Post Office.

The inertia and partiality to be guarded against has been long recognised by our courts and the importance of the remedy of private prosecutions always enforced. In Gouriet v Union of Post Office Workers [1978] AC 435, [1977] 3 All ER 70, Lord Wilberforce said: ‘The individual… who wishes to see the law enforced has a remedy of his own: he can bring a private prosecution. This historical right, which goes right back to the earliest days of our legal system… remains a valuable constitutional safeguard against inertia or partiality on the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll