Private prosecution safeguards are needed

Amid growing concerns regarding the integrity of private prosecutions, the Law Society of England and Wales has emphasised the urgent need for robust safeguards to prevent a recurrence of injustices like the Post Office scandal. This scandal, which resulted in the wrongful convictions of hundreds of individuals, has become a stark reminder of the potential failings within the system. In response to the Ministry of Justice’s (MoJ) ongoing consultation regarding the oversight and regulation of private prosecutors, the Law Society has put forth its recommendations.

Law Society president Richard Atkinson commented on the situation, expressing that “the Post Office Horizon scandal, which led to hundreds of wrongful convictions, has highlighted that private prosecutions should be undertaken in the public interest, not the prosecuting organisation’s interest. Such miscarriages of justice must not be repeated.” He further articulated the necessity for new safeguards and accreditation, which would ensure that private prosecutions align with public interests rather than self-serving aims.

The Society also welcomes proposals that would introduce a structured system to uphold prosecutorial standards. Atkinson continued, stating “proposals to increase safeguards and introduce accreditations, as well as a system which makes sure that standards are met is welcome. This will help to ensure access to justice and better protections for the public.” He indicated that aligning private prosecutor standards with those of the Crown Prosecution Service (CPS) would significantly elevate the quality of prosecutions.

A comprehensive new code of practice and stringent oversight are among the ideas supported by the Law Society, alongside the establishment of “a new register of prosecutors and prosecutions [which] would provide much needed transparency.” These measures are intended to bolster confidence in the justice process and safeguard against future errors that can have devastating consequences.

Atkinson acknowledged that while these MoJ proposals are a positive first step, they remain at a high level and expressed hope for more detailed discussions in the future. He noted “we look forward to seeing more detailed proposals and commenting further, particularly around any consequences for the profession and the public.” The Law Society’s commitment to improving the private prosecution framework demonstrates a dedication to ensuring justice serves the community at large, preventing the echoes of past mistakes from reverberating into the future.