In March 2025, the Ministry of Justice launched a consultation seeking views on the operation and oversight of private prosecutions and the Single Justice Procedure (SJP). These are two important areas of criminal justice that raise significant questions about fairness, transparency, and accountability. JUSTICE has submitted a detailed response to this consultation, drawing on our long-standing commitment to upholding the rule of law and ensuring access to justice for all.
Our submission addresses two key areas:
- Private Prosecutions – the role of non-state actors in bringing criminal charges; and
- The Single Justice Procedure – a streamlined process for handling minor, non-imprisonable offences on the papers, without a court hearing.
The Role of Private Prosecutions
JUSTICE recognises the important role that private prosecutions can play in the criminal justice system. In some cases, the absence of a prosecution by the Crown Prosecution Service (CPS) may result in injustice. The private prosecution brought by the family of Stephen Lawrence against Neil Acourt, Luke Knight and Gary Dobson (though ultimately unsuccessful and later followed by a CPS-led prosecution after a change in the law on double jeopardy) is one such example. Private prosecutions may also be valuable where the prosecutor has specialist expertise or resources not available to the CPS or police, for instance, in cases involving intellectual property crime.
However, it is vital that private prosecutors act fairly, uphold the highest standards of integrity, and recognise their role as ministers of justice. They must comply with rigorous disclosure obligations. The grave miscarriages of justice that occurred in the Post Office prosecutions underscore the need for robust oversight and safeguards in this area.
The Single Justice Procedure
Our response also addresses the operation of the Single Justice Procedure, a mechanism used to deal with minor, non-imprisonable offences without a court hearing. While the SJP was introduced to improve efficiency in the justice system, JUSTICE is concerned that it lacks sufficient safeguards to ensure fairness, transparency, and access to justice—particularly for vulnerable defendants. Our submission highlights the absence of open court scrutiny, the high rate of convictions in absentia, and the lack of prosecutorial oversight in cases involving mitigating circumstances. We call for urgent reform to ensure that the SJP operates in a way that is consistent with the rule of law and the principles of open justice.