Private prosecutors should operate under a new code of conduct and be held to the same standards as lawyers working for the Crown Prosecution Service, the Law Society has said.
In a response to the Ministry of Justice’s consultation on private prosecutions, Society president Richard Atkinson said the Post Office Horizon scandal and the hundreds of wrongful convictions had highlighted the potential for miscarriages of justice when lawyers are prosecuting in an organisation’s interest.
Atkinson welcomed the government’s proposals to increase safeguards and introduce accreditations, saying this would help to ensure better protection for the public. He added: ‘We also support aligning private prosecutors with the standards of the Crown Prosecution Service, with a new code of practice and appropriate oversight and inspection. A new register of prosecutors and prosecutions would provide much needed transparency.’
Chancery Lane's response said a mandatory code for private prosecutors would ensure they follow consistent standards and introduce more accountability.
Along with the code of practice for all private prosecutions on behalf of an organisation, the MoJ proposes to separate investigative and prosecutorial functions. This was an area which appeared to become blurred at the Post Office as investigators carried out interviews and carried out some of the functions of lawyers.
Possible measures could also include a requirement for organisations and agencies to register with HM Courts & Tribunals Service before bringing a private prosecution and to publish data on their prosecution activity.
Lord chancellor Shabana Mahmood said: ‘Recent catastrophic failures in private prosecutions have highlighted that our current system is open to abuse. That cannot be allowed to continue. We will listen carefully to the feedback from this consultation and develop stronger safeguards for the public to restore confidence in our justice system.’
The consultation is due to close today.
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