Prosecutors must read all pleas carefully
Tom Frankin, chief executive of the Magistrates' Association, has voiced concerns about private prosecutions, emphasising that all prosecuting authorities must ensure their cases pass a public interest test to avoid unnecessary distress for vulnerable defendants
Speaking about a BBC statement made to the Evening Standard, he stated, “All prosecuting authorities – whether that be the Crown Prosecution Service (CPS) in the case of public prosecutions or the myriad of organisations that take out private prosecutions, must ensure that cases they bring before the court have passed a public interest test. TV Licensing, as one of those private prosecutors, cannot outsource this responsibility to others.”
Frankin expressed that bringing cases that do not meet this criterion leads to an overstretched court system. He added, “Cases should not be coming to court if they do not pass this public interest test – causing distress to vulnerable defendants, and clogging up overburdened courts.” The head of the Magistrates' Association has also called for private prosecutors to have the same obligations as the CPS, insisting they should review all pleas and mitigations.
Furthermore, Frankin advocated for more preparations for magistrates who oversee Single Justice Procedure cases. “At the same time, we are calling for only the most experienced magistrates to handle Single Justice Procedure cases, and for better training for them, so that they are better equipped to spot cases that prosecutors have brought forward that need referring back.” This comprehensive approach could alleviate the pressures on the judicial system while ensuring justice for all involved.