Leading Charity Pledges to Bring Fewer Private Prosecutions

The new chief executive of the RSPCA has made a public apology for the charity’s past mistakes and vowed to be less political and bring fewer prosecutions in future.

In a bid to redefine the charity’s role following complaints about increased politicisation, Jeremy Cooper confirmed that cases would now usually be handed over to the Crown Prosecution Service to decide whether they should be brought to court.

Mr Cooper admitted the RSPCA had become “too adversarial” and took too many people to court under its previous leadership.

The charity, one of Britain’s largest with a turnover of £124m, had previously been criticised for bringing a prosecution, costing £330,000, against the Heythrop Hunt in Oxfordshire, and was also rebuked for being heavy-handed in a series of cases including the notorious decision to seize a beloved family pet cat who was then put down.

In April, the National Police Chiefs’ Council said the charity should step back from being the primary prosecuting agency in animal cruelty cases and recommended that a government agency would be better equipped to take on the role.

The RSPCA had previously claimed the private prosecutions it brings saves government £50m a year.

Deep roots in common law

The right to bring a private prosecution is a long-standing legal right that was preserved in statute under the Prosecution of Offences Act 1985 after much parliamentary debate.

The right to bring such a criminal prosecution, rather than a civil claim for damages, is exceptional, even in common law jurisdictions. Most jurisdictions around the world treat the criminal justice system as a function of the state.

A growth industry

Private prosecutions are becoming a growth industry driven by a lack of funds for cash-strapped public prosecuting agencies.

Lord Thomas, the lord chief justice, noted in 2014 that the rise in private prosecutions came “at a time of retrenchment of state activity in many areas where the state had previously provided sufficient funds to enable state bodies to conduct such prosecutions”.

Lawyers say that they are quicker and more efficient than public prosecutions, and that there are safeguards. Judges will dismiss cases that do not meet the prosecutors’ code of sufficiency of evidence or the public interest.

Private prosecutions: best practice for organisations

It is important that organisations have proper governance over their private prosecution programme.

A criminal prosecution can be commenced by any individual, company or charitable organization when the state-run prosecution agencies are reluctant or unable to act.

To ensure best practice when using such powers, organisations should consider a number of issues:

• An oversight group should be established to promote accountability through independent monitoring that private prosecutions are at all times proportionate and appropriate.
• There should exist a separation between those tasked with conducting investigations and those making decisions on prosecution. There should also be clear delineation between any enforcement team and campaigning or publicity teams.
• An unambiguous enforcement policy should be made publically available, setting out which factors will weigh in favour of a prosecution and, in particular, which will be considered to be in the public interest.
• The commencement of a prosecution should be accompanied by proper record keeping.
• Open channels of communication with state-run prosecution agencies should be established.

Private prosecutions should be a measure of last resort – but on occasion, conduct is serious enough to justify criminal enforcement where public prosecuting agencies are not prepared to assist.

Charity law experts

IBB Solicitors’ specialist charities solicitors have over 50 years’ combined experience in delivering practical commercial advice to charities and not for profit organisations and those who work with them. For advice or to to discuss your requirements please call us today on 01895 207887 or email charities@ibblaw.co.uk.