header-logo header-logo

In defence of private prosecutions

01 March 2024 / Kate McMahon
Issue: 8061 / Categories: Opinion , Criminal , Fraud
printer mail-detail
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 part of authority.’

It is precisely that partiality or worse

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll