header-logo header-logo

06 October 2020
Issue: 7905 / Categories: Legal News , Legal services
printer mail-detail

Tighten safeguards on private prosecutions

Legal safeguards on private prosecutions need to be strengthened, MPs have said in a report prompted by the Post Office sub postmasters’ scandal

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.

Issue: 7905 / Categories: Legal News , Legal services
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll