Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he is taking steps to ensure that private prosecutions do not contribute to existing court backlogs.
Private prosecutions are brought before the same courts in England and Wales as prosecutions commenced by criminal justice agencies. The prioritisation of cases in the criminal court caseload is a matter for the independent judiciary. The Ministry of Justice published a consultation “on the oversight and regulation of private prosecutors in the criminal justice system”, between 6 March and 8 May 2025 and will set out next steps shortly.
The Ministry of Justice holds management information on private prosecutions brought before the magistrates’ courts and this is shown in the table below. The definition of private prosecutions is detailed in the Department’s consultation referenced above.
Table One: Defendants dealt with in private prosecutions at the magistrates’ courts in England and Wales, annually 2014 – 2024
Year | Quarter | Defendants dealt with in private prosecutions | Proportion of total defendants dealt with at the magistrates’ courts |
2015 | All | 397,932 | 26% |
2016 | All | 400,647 | 27% |
2017 | All | 384,037 | 27% |
2018 | All | 401,767 | 29% |
2019 | All | 408,611 | 29% |
2020 | All | 180,057 | 18% |
2021 | All | 167,312 | 15% |
2022 | All | 235,042 | 19% |
2023 | All | 326,399 | 26% |
2024 | All | 352,276 | 27% |
Information on private prosecutions at the Crown Court cannot be produced robustly within costs.
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