The Ministry of Justice has issued its Consultation on the oversight and regulation of private prosecutors in the criminal justice system.
The consultation arises from the Post Office prosecutions scandal. There is a concern that the opportunity will be taken to overly restrict the right of private prosecutions.
In November 2022, Steven Kay KC and Max Hardy successfully prosecuted Stephen Jones, a solicitor, for fraud – see here
This was a case the police and CPS failed to prosecute, despite a referral by a High Court Judge in civil proceedings where the victim was attempting to trace and recover £10,000,000 of its misappropriated funds. The lack of interest in the prosecution of fraud cases in the criminal justice system is apparent to many.
Private prosecutions are a means by which individuals and corporations can seek justice and prevent unscrupulous white collar crooks from exploiting a system that allows them to get away with criminal conduct. If you would like to express a view, please respond to the government’s consultation paper.
Read the consultation here