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<p>In 2020, the Justice Select Committee (JSC) undertook a review of private prosecutions
and provided nine recommendations.</p><p>The Government agreed to two of these recommendations:</p><ul><li>To
introduce a central register of private prosecutions;</li><li>That we would take steps
to ensure costs recoverable from central funds by a private prosecutor are limited
in the same way as costs recoverable by an acquitted defendant.</li></ul><p><strong>Private
Prosecution Register</strong></p><p>In the Government’s response to the JSC report,
we agreed that a central register of private prosecutions would be introduced to include
the names of the prosecutor and defendant, the offence in question, and whether the
summons application was granted. This register was introduced by HMCTS in late 2021.</p><p>The
register is not publicly accessible, and it was neither a recommendation made by the
JSC report nor an undertaking agreed by the Government for it to be. The register
contains personal data including where people have been accused of crimes where the
court found there were no grounds to commence a prosecution. The register is a court
record and there are no grounds provided under rules of court, the Data Protection
Act 2018 or the Freedom of Information Act 2000 for these personal details to be released
to the public.</p><p>Requests for non-personal information from the register are accessible
through a Freedom of Information request to HMCTS.</p><p><strong>Cost of Private Prosecutions</strong></p><p>The
Government has committed to bringing forward legislation to ensure costs recoverable
from central funds by a private prosecutor are limited in the same way as costs recoverable
by an acquitted defendant and will enact this when parliamentary time allows.</p><p>The
assessment of claims and payment of prosecutors’ costs out of central funds for cases
brought in the magistrates’ court and Crown Court is undertaken by the Legal Aid Agency’s
(LAA) Criminal Cases Unit (CCU) unless the court summarily assesses the claim under
s.17(2B) of the Prosecution of Offences Act 1985. Information about central funds
expenditure, including private prosecutions, is published on a quarterly basis within
the LAA’s official statistics. A copy of the relevant data is attached at Annex A.</p><p><strong>Other
Recommendations</strong></p><p>Sir Wyn Williams’ Post Office Horizon IT Inquiry is
examining, in detail, the failings that led to the Post Office scandal. It is possible
that this will provide insight on the extent to which the private prosecution regime
played a role in this particular injustice.</p><p>The Government is, however, examining
the wider question of private prosecutions and is therefore committed to looking again
at the Justice Select Committee’s recommendations in their 2020 report as part of
this work.</p>
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