Bar Council chair Sam Townend KC says parliament should consider formal regulation of growing practice
Parliament should consider formal regulation of the growing practice of private prosecutions to ensure the power is not abused, the chair of the Bar Council has said.
Sam Townend KC said a review of private prosecutions should be launched in response to the Post Office scandal, in which about 3,500 postmasters were accused of theft, fraud and false accounting, and more than 700 prosecuted in cases brought by the organisation.
Gather evidence of the alleged crime, possibly using a private investigator.
Hand over evidence to a lawyer, who will review whether there is sufficient evidence to bring a criminal prosecution.
Make an application at a magistrates court to bring a private prosecution. This will be reviewed and either granted or rejected by a district judge.
The CPS may review the case at any time if the case is referred by the defendant, the private prosecutor or the court. The CPS can take over cases, either to proceed or discontinue.
If you proceed privately, the case will (eventually) be heard in court.
At the end of the case your lawyers can apply for costs to be reimbursed from the defendant and/or the public purse.
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