header-logo header-logo

03 March 2021
Categories: Legal News , Procedure & practice
printer mail-detail

Levelling the field in private prosecutions

The rules on lawyers’ fees for private prosecutions are to be changed, following an inquiry prompted by the Post office cases
Fees for defence and prosecution will be placed on an equal footing in terms of recoverability, a change proposed by the House of Commons Justice Committee in its report, ‘Private prosecutions: safeguards’, in 2020.

Sir Bob Neill, Chair of the Justice Committee, said: ‘Our inquiry found that the present arrangements for funding private prosecutions are unfair.

‘Currently, a private prosecutor can recover all their costs from public funds even if the defendant is acquitted. This gives an unfair incentive to the prosecution because, by contrast, an acquitted defendant can only recover costs capped at legal aid rates.

‘The government’s response commits to legislate to ensure that the legal aid cap also applies to private prosecutors. This is a welcome levelling of the playing field.’

The Committee mounted its inquiry after a request from the Criminal Cases Review Commission, which had been referred a record number of convictions of Post Office private prosecution cases by a group of more than 900 Post Office workers prosecuted by their employers. The cases have been referred to the Court of Appeal.

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
Some employment law controversies never disappear—they merely lie dormant
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
back-to-top-scroll