The government is consulting on reforms to private prosecutions, though its definition extends beyond cases brought by private citizens. Instead, it focuses on prosecutions by bodies other than the Crown Prosecution Service (CPS), Police, Serious Fraud Office (SFO), and National Crime Agency (NCA). This includes organisations such as local authorities, the Health and Safety Executive, and National Trading Standards, which have statutory authority to prosecute specific offences.

The key concern is that the Code does not bind these bodies for Crown Prosecutors and are not subject to independent inspections, raising questions about impartiality in prosecution decisions. The Post Office Horizon scandal is cited as an extreme example of a prosecution driven by organisational interests rather than an impartial assessment of evidence.

Local authority prosecutions are particularly relevant, as decisions may be influenced by internal priorities rather than neutral evaluation. While many cases are justified, some are based on subjective views or target “easy” defendants, with courts seen as a safety net for weak cases.

The government proposes:

• A new mandatory code for these prosecutors, similar to the CPS Code.
• Accreditation or inspection to ensure compliance, though cost-effective alternatives to the current inspection system are being explored.
• Greater transparency in prosecution decisions, making records more accessible without relying on costly judicial reviews.

These reforms aim to enhance trust in local authority prosecutions and ensure that decisions are justified and fair. This would benefit both enforcement bodies and those subject to prosecution.

The consultation can be seen here.