The Private Prosecutors’ Association (PPA) has responded with clarity and conviction to the Ministry of Justice’s consultation on the oversight and regulation of private prosecutors in the criminal justice system. Their response of 8th May 2025 reiterates the vital role private prosecutions play in access to justice—while acknowledging the serious responsibilities such prosecutions entail.
At the heart of the PPA’s response is a strong endorsement for the introduction of a mandatory Code of Practice to govern all private prosecutors, including individuals acting on their own behalf. Drawing attention to recent judicial concerns over abuses of process and failures in disclosure obligations, the PPA points to its own Code for Private Prosecutors as a robust and carefully considered framework. The Code, already in its second edition, is praised by senior members of the judiciary and provides detailed guidance across every stage of the prosecution process.
However, the PPA draws a firm line when it comes to regulation through inspections or accreditation. Its response warns that such mechanisms risk diminishing accessibility to justice and could mislead the public into viewing the process as overly bureaucratic or exclusionary. Instead, the PPA believes that better outcomes lie in judicial oversight, clear rules (such as those already found in the Criminal Procedure Rules), and a mandatory code backed by expectations of compliance in court.
On improving transparency, the PPA supports targeted registration and data publication—particularly from organisations bringing multiple prosecutions or using public funds. The PPA calls for greater engagement with defendants under the Single Justice Procedure, stating that safeguards are needed to prevent unlawful use and to ensure fairer outcomes.
In conclusion, the PPA’s response to the MoJ’s Consultation on the oversight and regulation of private prosecutors in the criminal justice system strikes a balance: it defends the legitimacy of private prosecutions as a vital legal right, while promoting high standards, greater transparency, and fairer procedures to preserve the integrity of the justice system.
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