BCL partner, John Binns writes for Lexis Nexis considering the new Code for Private Prosecutors, issued by the Private Prosecutors' Association (PPA) and the effect it will have on those bringing and defending private prosecutions.
Here's an excerpt from the article*:
"Despite the similarity of names, this new Code is a very different beast from the Code for Crown Prosecutors, which is the responsibility of the Director of Public Prosecutions (DPP), and which includes rules about when a prosecution should be brought (applying twin tests of evidential sufficiency and the public interest). Private prosecutors are not bound by that Code, although most lawyers who act for them would consider it good practice to comply with it. The focus of this Code is the aspects of private prosecutions that make them different from public ones, with appropriate references to the DPP's power to take over cases and either continue them, or discontinue if the tests are not met (and the published Guidance on when and how that power should be used). It is not legally binding on any private prosecutor or any lawyer acting for them, but instead provides guidance to both."
*This article was originally published by LexisNexis on July 25th 2019. You can read the full article on their website.
John Binns is a partner at BCL specialising in all aspects of business crime, with a particular interest in confiscation, civil recovery and money laundering under the Proceeds of Crime Act 2002 ("POCA"). His business crime experience includes representing suspects, defendants and witnesses in cases invoking allegations of bribery and corruption, fraud (including carbon credits, carousel/MTIC, land-banking, Ponzi and pyramid scheme frauds), insider trading, market abuse, price-fixing, sanctions-busting, and tax evasion. He has coordinated and undertaken corporate investigations and defended in cases brought by BEIS, the FCA, HMRC, NCA, OFT, SFO and others.