Magistrates call for private prosecution reform

The Magistrates’ Association has reiterated its call for substantial reforms to the Single Justice Procedure (SJP) to ensure it is more consistent, transparent, and fair, particularly for vulnerable defendants. As part of its response to the government’s review regarding the regulation of private prosecutors, the organisation proposed several key recommendations aimed at improving public confidence in both the SJP and private prosecutions.

Tom Franklin, chief executive of the Magistrates’ Association said “Private prosecutions have big impacts on people’s lives. Magistrates need confidence that prosecutors are working to the highest standards and in a consistent way. There have been well-publicised examples recently which have cast doubt on this, which is why it is right to review the regulations, and the assurances that can be given to courts that procedures have been followed. So, we welcome this consultation’s proposals to make private prosecutors more accountable, and we’re especially pleased with its focus on their use of the Single Justice Procedure (SJP).”

Franklin emphasised the need for reforms by stating “While the Single Justice Procedure delivers efficient, speedy justice for thousands – reducing court backlogs and enabling more serious cases to be heard in court more quickly – it needs to be more open to scrutiny and have better safeguards to protect more vulnerable defendants.” He argued that the changes proposed would significantly enhance transparency and ensure that vulnerable individuals, particularly those with protected characteristics, receive the support they need throughout the process.

The recommendations by the Magistrates’ Association include a reform of the oversight and regulations concerning private prosecutors, the establishment of a statutory code of conduct overseen by an independent regulator, and a mandatory requirement for all private prosecution cases to be subject to an evidential test before moving forward. Furthermore, they advocate for private prosecutors to assess an individual’s vulnerability and to publish prosecution data for greater transparency.

The overall goal of these reforms is to ensure fairer treatment within the justice system and to uphold the rights of individuals in private prosecution cases. The association’s insights have also been documented in previous publications, reflecting widespread concern among magistrates regarding the current system of private prosecutions.