Partner Anoushka Warlow is quoted in IBA Global Insight, discussing the Government’s move to regulate private prosecutions.
The UK government has launched a consultation on ways to improve the regulation of private prosecutions. The Ministry of Justice is consulting on possible reforms to ensure private prosecutions meet the same standards as public ones. These include introducing a mandatory code of conduct, accreditation for organisations bringing prosecutions, a public register of private prosecutors in England and Wales, and sanctions for those who fail to meet the required standards.
"Anoushka Warlow comments that private prosecutions carry an inherent risk of conflict of interest because the prosecutor is likely to be the alleged victim of the crime. ‘A private prosecutor will often have a personal interest in the outcome of the case, and that personal interest may well affect their ability to discharge their obligation to act, amongst other things, with objectivity and impartiality'.
Private prosecutions can be costly endeavours, and private prosecutors can seek to recover their costs of bringing a prosecution. Acquitted defendants, on the other hand, are able to recover only a fraction (if anything) of their costs of defending the case. In circumstances where a 2020 Justice Select Committee report found that private prosecutions cost the taxpayer more than CPS prosecutions, 'There remains a question of whether private prosecutions are the most suitable forum, or whether the focus should instead be placed on properly resourcing public authorities so that they can investigate and prosecute appropriate cases of criminal wrongdoing' says Warlow".
This article was first written for and published by IBA Global Insight on 18 June 2025. To read the full article, please click here.
