Member

At present, there are no prescribed rates for private prosecutors recovering costs, and this results in significant uncertainty, with courts and the Legal Aid Agency required to assess claims case by case, often by reference to civil guideline rates, leading to disputes, appeals and judicial reviews. Most private prosecutors are assiduous in applying the test set out in the Code for Crown Prosecutors and in their ongoing conduct of the case, but there is some evidence that, at the margins, the near certainty of substantial cost recovery may cause private prosecutions to be pursued which are either disproportionate or an unsuitable remedy to the presenting legal issues. A fact of which your Lordships may not be aware is that a private prosecutor can get their costs back in some circumstances, even where the defendant has been acquitted, provided that the prosecution was properly brought.