The Justice Committee reported that private prosecutions―a prosecution started by a private individual or entity rather than the Crown Prosecution Service (CPS)―have increased ‘sharply’ in number in the past few years.
In a report published this week, ‘Private prosecutions: safeguards’, it called for private prosecutions to be held to the same standards of accountability as public prosecutions, and for organisations that conduct these, such as the Post Office and the RSPCA, to be regulated to make sure they apply the same evidential and legal standards as public prosecutors (and be sanctioned if not).
It recommended creating an enforceable code of standards and a central register, for defendants convicted by private prosecutors not to pay more than if they had been convicted by the CPS, and for an agreement in law that every defendant is informed of their right to a case review by the CPS.
Evidence given to the committee included that some companies may be bringing private prosecutions rather than a civil claim to avoid court fees and, if unsuccessful, incur lower costs. It also heard it is ‘quite common’ for privately convicted defendants to be asked to pay more than the ‘relatively modest fixed sum’ requested by the CPS. The committee highlighted the risk that these higher costs could have a coercive effect on defendants.
The inquiry was held in response to Post Office failings over its faulty Horizon IT system, which resulted in convictions of more than 900 sub postmistresses, sub postmasters and other workers.
Committee chair, Sir Bob Neill said: ‘The Post Office cases show the potential danger of the power to prosecute being misused.’
The report can be viewed at: bit.ly/3k9oy7T.
