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Prosecutions

Answer

The Single Justice Procedure (SJP) was designed to deal with straightforward, uncontested, non-imprisonable offences in a proportionate and efficient way. Cases are decided by a single magistrate with the support of a legal adviser, in private rather than in open court.

Whilst safeguards are in place, this Government acknowledges that errors have occurred within the SJP. In 2024, it became apparent that certain train operators had been incorrectly using the procedure to prosecute for offences under the Regulation of Railways Act 1889, which are ineligible for prosecution through the SJP. Such instances highlight the importance of robust safeguards to protect fairness.

That is why we launched a consultation on the oversight and regulation of private prosecutors, which included a dedicated chapter on the SJP. The consultation explored measures to strengthen prosecutor accountability and ensure consistent standards in addition to how defendant submissions are handled in the SJP. The consultation closed on 8 May, and our proposals will be outlined in the Government’s response which we will publish in due course.

We are continuing to monitor risks and remain committed to enhancing safeguards in the SJP to maintain public confidence and fairness in the justice system. This includes ongoing engagement with stakeholders, reviewing operational practices and exploring further improvements to transparency.

Secondary information

Type

Written question

Reference

HL12505

Session

2024-26

Subjects

Maladministration Prosecutions Miscarriages of justice

Link

View this Written question on www.parliament.uk