MoJ seeks views on reforms to private prosecutions and single justice procedure

A consultation on reforming private prosecutions and the single justice procedure has opened today following what the government described as ‘catastrophic failures’. 

The government announcement follows the Post Office Horizon scandal and the ongoing campaign by the London Evening Standard’s courts correspondent Tristan Kirk to make the SJP process in magistrates courts more open.

The consultation seeks views on reforms which will enable better oversight and regulation of private prosecutors to ‘prevent…failures in the future’.

Following proposals made by the Commons Justice Select Committee, the consultation aims to set consistent standards and ensure accountability to improve the behaviour and practice of prosecutors.

Consultation proposals include the introduction of a mandatory code of practice, establishing an inspection regime, putting in place a system of accreditation for private prosecutors and the introduction of a requirement for all mitigation provided to the court to be sent to prosecutors before the case is decided by a magistrate.

In a bid to make private prosecutions more transparent, measures could also include a requirement for organisations and agencies to register with HMCTS before bringing a private prosecution and to publish data on their prosecutions.

Lord chancellor Shabana Mahmood said: ‘Recent catastrophic failures in private prosecutions have highlighted that our current system is open to abuse. That cannot be allowed to continue. We will listen carefully to the feedback from this consultation and develop stronger safeguards for the public to restore confidence in our justice system.’

The consultation will also look at how the SJP can be improved to ensure all cases brought are in the public interest and the introduction of additional requirements for prosecutors using the SJP to engage with the defendant and assess their vulnerability before commencing a prosecution. Thousands of individuals have criminal convictions for ‘legitimate mistakes’ such as unpaid bills or purchasing the wrong train ticket. Some cases with 'strong personal mitigating factors…were not pursued in the public interest’.

Justice minister Sarah Sackman KC said: ‘Fairness and transparency are at the heart of our justice system. However, certain organisations have been allowed to bring life-changing and unjust prosecutions affecting thousands of people, without robust checks and balances. It is time to hold prosecutors to account and provide oversight which protects ordinary people. We will ensure that prosecutions are always fair and in the public interest.’

The consultation’s proposals will apply to all private and non-criminal justice agency prosecutors which includes state-run agencies such as the DVLA, TV Licensing and companies and private organisations such as Northern Rail.

Individuals who bring private prosecutions on their own behalf are not within the scope of the proposals discussed in the consultation. The consultation will close on 8 May.