Jurisdiction(s):
United Kingdom

Reforming private prosecutions in England and Wales: Ministry of Justice consultation on code, accreditation, inspections, sanctions, SJP changes and transparency

Published on: 18 March 2025

Published by a LexisNexis Corporate Crime expert

Legal News

Article summary

What is the consultation about and what has prompted it?

A private prosecution is brought by a private person or organisation, rather than by a statutory prosecuting authority. The entitlement to institute such proceedings is retained by section 6(1) of the Prosecution of Offences Act 1985. Various bodies routinely bring cases before the courts of England and Wales on a private footing, exercising the continuing right available to any individual to commence a private prosecution. In recent times, those acting as private prosecutors have faced heightened examination. This is evident in the Justice Select Committee’s 2020 report and its recommendations on safeguards around private prosecutions, as well as in the criticisms advanced, and the evidence provided to, the Post Office Horizon IT Inquiry. More recently, the quashing of convictions for railway fare evasion offences in 2024 has further fuelled the discussion about private prosecutions, alongside a series of successful challenges to the issuing of a summons and/or claims for judicial review of decisions to issue a summons. There have also been multiple successful bids opposing the grant of summonses, and court reviews of such grants. On 6 March 2025, the Ministry of Justice released its consultation: ‘’...

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