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Re:Post Office lied and threatened BBC over Fujitsu dev whis... by scott_w on Friday January 12, 2024 @08:59AM (#38967983)
David Davis mentioned this on News Agents. It seems like a holdover from when it was simply an arm of the state, where it made sense that it could just handle its own enforcement (since it carried the power of the Crown). It's absolutely something that needs to be stripped away in the modern day.
Re:Post Office lied and threatened BBC over Fujitsu dev whis... by RuggedPineapple on Friday January 12, 2024 @09:40AM (#38968495)
It's not really a holdover because the UK allows ANYONE to bring a private prosecution. They just have the resources to do it at scale.
Re:Post Office lied and threatened BBC over Fujitsu dev whis... by JdeBP on Friday January 12, 2024 @10:54AM (#38969548)
There are legal arguments recounted in modern law textbooks that the whole idea of private prosecutions in England and Wales is a hold-over nowadays. The argument goes that since CPS decisions are subject to judicial review, the raison d'être for private prosecutions, that they allow for bad exercise of public prosecutorial discretion to be corrected by private persons, no longer exists, since the bad exercise of discretion now has another remedy.

There is a fair groundswell of opinion, already driven by the bad reputation that the RSPCA, another prolific private prosecutor, has garnered, against private prosecutions. The Horizon thing only serves to fuel this, and I wouldn't be surprised if there were not soon a proposal to do away with all private prosecutions on the back of these, despite the fact that Post Office Ltd and the RSPCA are institutional private prosecutors, and there's nowhere near as strong a case that personal private prosecutors are a problem.

Re:Post Office lied and threatened BBC over Fujitsu dev whis... by bmsleight_ on Friday January 12, 2024 @03:52PM (#38973862)
Stephen Lawrence parents took the option of a private prosecution. Everyone must have access to justice.