The Guardian view on private prosecutions: access to justice should not depend on people’s ability to pay | Editorial

An option that should provide a safety valve when the state falls short appears to be increasingly a tool for businesses – sometimes to draconian effectIn England and Wales, anyone can take a suspected criminal to court. Private criminal prosecutions, which can be initiated by individuals, companies or charities, can give people a shot at justice. They can also be open to abuse. The Post Office brought 918 successful private prosecutions against its employees to protect its own commercial interests – at a shocking human cost laid bare by an official report last week. Rail companies take the draconian measure of prosecuting people for mistakenly buying the incorrect ticket: in 2023, a woman received a criminal record for erroneously using her railcard to save a total of £1.60.In the context of a depleted justice budget, these prosecutions appear especially dystopian, allowing the wealthy to pay for their day in court. No official record exists for the number now taking place, though available data suggests there has been a steep increase. In 2014, 32 “costs orders” (the instruction a court gives to pay another party’s legal expenses) were awarded to private prosecutions. By 2019, this had risen to 276. Organisations such as the DVLA and TV Licensing have long used these prosecutions for routine violations. But funding cuts to the criminal justice system are making them more common, and creating what the Crown Prosecution Service (CPS) calls a “two-tier justice system”. Continue reading...

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