Prosecution

Private prosecutions

In England and Wales, there is a statutorily protected common law right for any person to institute a private prosecution. This right is retained by section 6(1) Prosecution of Offenders Act 1985. Some organisations regularly use private prosecutions on a large scale to achieve an institutional goal, for example the vast majority of prosecutions under the Animal Welfare Act 2006 are prosecuted by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) as private prosecutions. The Post Office also undertook a wide array of private prosecutions against post masters, leading to a subsequent scandal in which these prosecutions have widely come to be seen as a miscarriage of justice. The RSPCA have come under strong criticism for lacking sufficient independence to act as a prosecutor from the independent 'Wooler' review; the Environmental, Food and Rural Affairs Committee and the Justice Select Committee, given they also investigate the offences and campaign politically for animal rights. The ongoing issues with private prosecutions outlined above has led to the Justice Select Committee calling for a closer examination of the process and regulation by government.