The Government has announced plans for a major reform of private prosecutions following concerns over ‘catastrophic failures’ in the Post Office Horizon scandal and the Single Justice Procedure (SJP).  

The newly published consultation outlines a plan to introduce stricter oversight of private prosecutions in the criminal courts, including a mandatory code of practice, regular inspections, an accreditation system and the introduction of sanctions for those who fail to uphold the required standards. 

Lord Chancellor Shabana Mahmood acknowledged the systemic failures, stating that ‘private prosecutions have highlighted that our current system is open to abuse.’

The decision to consult on potential reform of the Single Justice Procedure follows a long-running campaign by London Evening Standard’s courts correspondent Tristan Kirk into prosecutions which he reported were often not in the public interest or were obtained unlawfully. 

The consultation proposes requiring private prosecutors to engage with mitigation submitted by defendants before proceeding with legal action under the single justice procedure to ensure that cases align with the public interest. 

Courts Minister, Sarah Sackman KC, said: ‘Fairness and transparency are at the heart of our justice system. However, certain organisations have been allowed to bring life-changing and unjust prosecutions affecting thousands of people, without robust checks and balances.’

It is time to hold prosecutors to account and provide oversight which protects ordinary people. We will ensure that prosecutions are always fair and in the public interest.