In a July 25, 2024, opinion article for Thomson Reuters’ PLC Magazine, McGuireWoods London partner Francesca Titus addressed the ongoing debate over private prosecutions, sparked by the U.K. Post Office scandal, which Titus described as one of the greatest miscarriages of justice in English legal history. The scandal, caused by the misuse of prosecutorial powers by Post Office Limited, prompted discussions on the legitimacy of private prosecutions.
Titus argued that while critics question whether private parties should have the right to prosecute — potentially leading to convictions and severe consequences for defendants — such prosecutions are essential for victims who cannot obtain justice through state channels, especially in fraud cases where state resources are limited.
Private prosecutions, derived from the Prosecution of Offences Act 1985, give victims control over their cases, allowing them to select legal counsel and direct the investigation, Titus explained. She added that organizations often are better positioned to understand and present their cases, leveraging their knowledge and resources to pursue justice.
The Post Office scandal, characterized by manipulation and mismanagement, is not an indictment of private prosecutions but of institutional failure, Titus wrote. She highlighted the importance of best practices and adherence to legal standards for legitimate private prosecutions.
“Private prosecution remains a useful tool that should be an option for victims of crime and not be abolished because of a misuse scandal,” Titus concluded. “To take away this key right of victims would be to throw the baby out with the bathwater.”