Lord Sandhurst (Con)

My Lords, Clause 12 is an exception to the many provisions of the Bill that we support. It concerns the recovery of costs in private prosecutions. On its face, it may seem a minor and rather technical amendment, but in substance Clause 12 represents a significant shift in long-established policy and practice. It has serious implications for access to justice, particularly for victims of fraud and economic crime. Private prosecutions should be regarded as a safeguard, rather than an anomaly, in our criminal justice system. Such prosecutions exist precisely to ensure that, where the state cannot or does not act, victims are not left without recourse. Private prosecutions are conducted in the criminal courts and are subject to the same judicial oversight, obligations of disclosure and prosecutorial duties as any other prosecution. Judges retain full control throughout, and the Crown Prosecution Service retains its power to take over cases where it considers that to be appropriate. For many years, Parliament, Ministers and the courts have recognised that private prosecutions serve a public interest. That is why the current costs regime allows courts to order payment from central funds for reasonable sums properly incurred by private prosecutors. This payment is not a windfall. It is simply reasonable compensation for costs already borne, and even then recovery is typically partial and not complete. It is our strong belief that Clause 12 would change that settlement fundamentally. It gives the Government power through regulations to cap the recoverable costs of private prosecutors. In so doing, it risks making many legitimate prosecutions financially unviable. That is particularly so for charities and other public interest bodies which pursue cases only after other routes have failed. This would represent a sharp departure from previous ministerial policy.