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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
"There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."
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
back-to-top-scroll