Government to Review Oversight of Private and Non-Police Prosecutions

The government plans to examine the supervision of private and non-police prosecution processes. This initiative follows the Post Office Horizon scandal and other related issues, which indicate a potential lack of adequate protections against misuse. Private prosecutions are defined as legal actions initiated in criminal courts where neither the police nor the Crown Prosecution Service participates. Scheduled for the new year, the upcoming consultation will additionally investigate the necessity for increased scrutiny over entities authorized to initiate particular prosecutions, including railway operators, the DVLA, and the BBC concerning unpaid TV Licence fees. Furthermore, the review will encompass the single justice procedure, which involves expediting minor prosecutions without requiring a court hearing. In 2020, Members of Parliament had previously called upon the government of the time to reinforce protections surrounding private prosecutions. Justice Minister Heidi Alexander confirmed to BBC News on Thursday that the current government intends to address these previously raised concerns. The Horizon scandal brought to light that the Post Office did not adequately ensure the suitability of its private prosecutions against sub-postmasters, with a public inquiry currently investigating the failures. On Thursday, Alexander stated to BBC News: “We’ve seen, through things like the Horizon scandal with the Post Office, private prosecutions being brought which resulted in wrongful convictions.“Not quite as extreme as that is what happens to some vulnerable people through the use of the single justice procedure.“Some of the time, organisations are prosecuting individuals where perhaps the public interest in that prosecution hasn’t been proved.“We want to talk to these organisations so that we can improve the safeguards, so that we make sure that justice and the administration of justice is done fairly.” While no public register exists for private prosecutions, estimates suggest approximately 300,000 such cases may occur annually. Concurrently, magistrates handle around 770,000 prosecutions annually in private, utilizing the expedited single justice procedure (SJP). These prosecutions are conducted via paper, where an individual is notified by mail of a minor infraction, like a car-insurance violation, and must submit their defense in writing before a magistrate delivers a verdict confidentially. A court hearing is only held if requested by the defendant. Alexander noted that 550,000 of the accused individuals did not respond, prompting concerns regarding their comprehension of the implications. She added: “They don’t enter a plea one way or another,” she said. “It just heads straight off to the magistrates’ court. “And so I think, in the round, we need to improve the way in which the single justice procedure is operating.” Concerns regarding the SJP’s protective measures intensified this year following a significant court decision that determined up to 74,000 fines ought to be invalidated, as railway companies had improperly employed the procedure to prosecute individuals accused of fare evasion. Alexander stated that the government does not intend to abolish the SJP, but acknowledged the need for enhanced safeguards, such as verifying the justification of all cases.