Rise of the private prosecution

The Private Prosecutors’ Association (PPA) has launched a voluntary code of conduct, amid increasing use of private prosecutions by a wide range of victims.

Private prosecutions have been brought by victims of rape, victims of fraud, the RSPCA, Louis Vuitton (counterfeit goods), and by members of the electorate against politicians such as the new Prime Minister Boris Johnson.

While Crown Prosecutors have the Crown Prosecution Service code to work from, however, there has until now been no equivalent for private prosecutors and, as the PPA points out, private prosecutions give rise to different challenges. The PPA therefore hopes its code will help to fill the gap.

Kingsley Napley partner Melinka Berridge, executive secretary of the PPA, said: ‘Sadly, state agencies such as police and prosecutors have limited resources and need to ensure they deploy those to maximum effect, so a number of cases can slip through the cracks.

‘The code of conduct aims to ensure private prosecutors meet the high standards expected of public prosecutors.’

Technically, anyone can initiate a private prosecution, although some crimes—bribery, war crimes—can only be prosecuted by state authorities.

Another difference is that victims are usually more closely involved in private prosecutions and so their adviser (the prosecutor) has special responsibilities to them from the outset. Where it’s an economic crime, the victim may already have consulted civil lawyers who are under a duty to act in the best interests of the client but the client also needs to be aware the prosecutor’s overriding responsibility is to the court.

The code also addresses the prosecutor’s duties of disclosure, and advises on the process if the Director of Public Prosecutions receives a request to take over the case.

This year a high-profile private prosecution brought against Boris Johnson for alleged misconduct of public office was quashed by the High Court.

In 2017, safe cycling campaigners crowdfunded to bring a prosecution against a motorist for causing death by dangerous driving—the defendant was acquitted.