Private Prosecution definition

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Prosecution costs

Prosecution costs The power to award prosecution costs There are several ways in which a prosecutor may obtain an order covering their costs of bringing a prosecution: Private prosecution costs from central funds The court has the power to order the payment of costs out of central funds for the amount that the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred in any proceedings in respect of an indictable offence, and in any proceedings before a Divisional Court of the King’s Bench Division or the Supreme Court in respect of a summary offence. But this is not applicable where the prosecutor is a public authority therefore it is only available to private prosecutors. Where the court does not specify the amount to be paid, the quantum will be set in accordance with procedures specified in the Costs in Criminal Cases (General) Regulations 1986, SI 1986/1335 issued in accordance with POA 1985, s 20. A determining officer in the Senior...

Wasted costs in criminal proceedings

Wasted costs in criminal proceedings Orders for costs against legal representatives Under section 19A(1) of the Prosecution of Offences Act 1985 (POA 1985), the Court of Appeal, Crown Court or magistrates' court can order a legal or other representative to pay the wasted costs incurred by them. There is no power for the High Court to impose such a costs order. A costs order may also be made against a solicitor in the Crown Court under the inherent jurisdiction of the Crown Court. This is a separate power to that set out in POA 1985, s 19 and the Costs in Criminal Cases (General) Regulations 1986, SI 1986/1335, reg 3. For information on the recovery of costs under these provisions, see Practice Note: Applying for costs from a prosecutor following an unsuccessful criminal prosecution. POA 1985, s 19A contains key definitions: • a 'legal or other representative’ is a person exercising a right of audience or a right to conduct litigation on behalf of any party to...

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Are local authorities public prosecutors or private prosecutors?

Are local authorities public prosecutors or private prosecutors? Local authorities in England and Wales are considered public prosecutors rather than private prosecutors. This is primarily because their power to prosecute is derived from statutory provisions. Local authorities derive their power to prosecute from section 222 of the Local Government Act 1972. Under this section, local authorities can prosecute criminal offences if they consider it expedient for the promotion or protection of the interests of their inhabitants. In R v AB and others, the Court of Appeal confirmed that local authorities do not have a free-standing common law right to prosecute and

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Law Society responds to MoJ consultation on private prosecution reforms

The Law Society of England and Wales has published its response to the Ministry of Justice’s (MoJ)’s consultation on the oversight and regulation of private prosecutions within the criminal justice system, calling for enhanced safeguards following the Post Office Horizon scandal. The Law Society’s response supports the introduction of accreditation requirements—aligning standards with the Crown Prosecution Service (CPS), establishing a new code of practice and creating a register of prosecutors. Law Society President, Richard Atkinson emphasised that these measures are needed to prevent future miscarriages of justice and ensure prosecutions serve the public rather than organisational interests.

Exploring current trends in private prosecution

Corporate Crime analysis: Brian O’Neill QC at 2 Hare Court Chambers considers the current trends of private prosecutions within the corporate crime sector.