Oversight and regulation of private prosecutors in the criminal justice system – Law Society response

The proposals

The Ministry of Justice (MoJ) is proposing new safeguards, accreditations and standards for private prosecutors.

The MoJ proposes aligning private prosecution standards with Crown Prosecution Service (CPS) standards.

The goal is to prevent miscarriages of justice such as the Post Office Horizon scandal.

The MoJ’s private prosecutions consultation aimed to gather views on how to:

• set consistent standards for private prosecutors and hold them accountable
• improve the Single Justice Procedure (SJP)
• improve transparency of private prosecutions

Our view

We support the introduction of a mandatory code of practice for private prosecutors.

This would ensure private prosecutors follow consistent standards and introduce more accountability. This in turn would help increase public confidence in the criminal justice system.

In our consultation response, we support the suggestions from the MoJ to:

• introduce a mandatory code of practice for all private prosecutors (except individuals prosecuting on their own behalf)
• separate investigative and prosecutorial functions
• require private prosecutors to meet the Director of Public Prosecutions’ (DPP) public interest test
• introduce an accreditation system and regular inspections for private prosecutors

We also suggest that the MoJ should establish a public register of private prosecutors. This is essential to ensure everyone within the scope of the code of practice signs up to comply.

These measures will help prevent the misuse of the criminal justice system. They will also help ensure private prosecutions are conducted in the public interest.

What this means for solicitors

Prosecutions must be undertaken in the public interest, not the prosecuting organisations’ interest. These proposals will help to ensure access to justice and protections for the public.

Solicitors involved in private prosecutions may need to comply with new regulatory standards. This could include adhering to a mandatory code of practice and completing accreditation processes, depending on the outcome of the consultation.

These new standards would help to guide and protect solicitors working in this area.

Next steps

The consultation closed on 8 May 2025. The MoJ will now review the responses and publish detailed proposals.

We will continue to engage with the consultation process and update our members as new information becomes available.