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01 March 2024 / Kate McMahon
Issue: 8061 / Categories: Opinion , Criminal , Fraud
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In defence of private prosecutions

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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