Private prosecutions have long played a crucial role in the UK justice system, offering an alternative route to justice where the Crown Prosecution Service (CPS) may not act. From regulatory bodies, charities and commercial entities such as Sky, private prosecutors can bring cases in the public interest. However, recent scandals, most notably the Post Office Horizon prosecutions, have exposed serious flaws in oversight and accountability.
Largely in response to the Post Office scandal, on 6 March 2025, the Ministry of Justice launched a consultation into the oversight and regulation of private prosecutors. The proposals include a binding code of conduct, mandatory accreditation and tighter controls over the single justice procedure (SJP), which has been misused in thousands of unlawful fare evasion prosecutions.
This is a timely opportunity to reflect on the balance between access to justice and the need for robust safeguards. While private prosecutions remain a vital part of the legal landscape, the consultation recognises that without consistent standards and transparency, the risk of injustice persists. The government’s proposals aim to restore public confidence and ensure that private prosecutions uphold the same integrity expected of public bodies, a reform many argue is long overdue.
While private prosecutions are sometimes viewed with scepticism, the reality is that most are driven not by profit but by a genuine commitment to justice. Even when unsuccessful, they can highlight critical gaps in the legal system, prompting reforms that might otherwise remain neglected.
A landmark example is the 1994 private prosecution brought by the family of Stephen Lawrence, following the CPS’s decision not to charge three individuals suspected of his murder. Although the case did not result in convictions, it became a turning point in British legal history. It helped ignite a wave of reform, transforming approaches to police accountability, racial justice and the law itself. The ripple effects included the Macpherson Report, the overhaul of the double jeopardy rule and the Race Relations (Amendment) Act.
Far from being a tool of the elite, private prosecutions are increasingly a mechanism for reclaiming justice where the state falls short. As scrutiny and reform continue, it is vital to separate myth from reality and recognise the legitimate, evolving role of private prosecutions in a modern justice system.
The MoJ’s 2025 consultation marks a significant and timely intervention. Its purpose is clear: to formalise guidance, introduce consistent standards, and enhance accountability. The Post Office scandal looms large in the background. It exposed the devastating consequences of unchecked private prosecutorial power, where flawed evidence and a lack of oversight led to one of the gravest miscarriages of justice in UK legal history. The scandal has rightly shaken public trust and underscored the urgent need for systemic reform.
The consultation offers a blueprint for reform that balances accountability with access to justice. Its key benefits are both practical and principled:
Preventing miscarriages of justice: The consultation proposes safeguards designed to prevent such failures from recurring, ensuring that prosecutions are fair, evidence-based and proportionate.
Establishing accountability and standards: Unlike public prosecutors, private entities currently operate without statutory oversight or a binding code of conduct. The consultation seeks to close this regulatory gap by introducing formal standards, inspections, and sanctions.
Protecting the vulnerable in the single justice procedure: Originally designed for efficiency, the SJP has been misused by some organisations to pursue prosecutions without adequate scrutiny. The proposed reforms would require prosecutors to engage meaningfully with defendants and consider mitigating circumstances, particularly where vulnerability is a factor.
Enhancing transparency and public trust: A public register of private prosecutors and mandatory reporting of prosecution data are among the transparency measures being considered.
Supporting ethical private prosecutions: The consultation recognises the legitimate role of charities, regulators and businesses acting in good faith. It aims to preserve this vital function while curbing exploitative or profit-driven practices that undermine the integrity of the justice system.
Notably, the consultation excludes individuals bringing prosecutions on their own behalf, preserving the fundamental right of access to justice.
As reform looms, the MoJ’s consultation offers a rare opportunity to reshape a fragmented legal landscape. Proposals for clearer standards and stronger safeguards could help prevent future injustices and restore public trust. Yet not all ideas have landed well. The suggestion of a mandatory inspectorate has drawn scepticism, with the Private Prosecutors’ Association warning it could erode the independence of private prosecutions, which are often the only route to justice when public bodies fail to act.
Importantly, the consultation invites a shift in perception. Private prosecutions should not be viewed with suspicion, but rather as a legitimate and sometimes necessary route to justice, particularly where public enforcement is lacking. Recent announcements by major supermarkets to consider private prosecutions for persistent shoplifters reflect growing frustration with under-enforcement and a desire to reclaim control over crime affecting their staff and customers.
This is not a call for restriction but for thoughtful reform. The aim is not to curtail the right to prosecute, but to ensure it is exercised responsibly and in the public interest. The consultation is a welcome step in that direction and one that demands continued dialogue, transparency and engagement from all corners of the legal community.
Chloe-Jane Belton is a legal director at Howard Kennedy LLP, London
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