Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Rise in numbers of private prosecutions?

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The principal prosecution authority in the English Legal System is the Crown Prosecution Service. Private prosecutions, brought by individuals, have been rare. But two recent news items, reported in the Times Newspaper suggest that we may be witnessing an increase in private prosecutions.
On 2 September 2015 it was reported that some of the families caught up in the terrible refuse lorry accident in Glasgow last year were contemplating bringing criminal proceedings against the driver.
On 3 September 2015, there was an interesting feature also suggesting that private prosecutions might be on the interest, in particular where allegations of serious corporate fraud were involved. The key issue made in the article was that the reason why private prosecutions might be on the increase might be reductions in funding for the CPS which meant that they did not have the resources to take on serious cases.
It is hard to judge from a single newspaper article whether this really is a trend; and it is certainly not possible to say whether the suggested reason – public expenditure cuts – is the principal reason why this is happening. However, the two items – taken together – perhaps lay down a marker that this is an issue which needs to be kept under review.
Although I have argued elsewhere that not all cuts to public expenditure are necessarily harmful, if those cuts are preventing the CPS from doing its job of bringing to court cases that fall within its code of practice, this would seem to extremely worrying and an issue on which there should be proper research.
For the article see: http://www.thetimes.co.uk/tto/law/article4545615.ece

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Written by lwtmp

September 14, 2015 at 3:51 pm

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