Comments by "Aden Wellsmith" (@adenwellsmith6908) on "Professor Tim Wilson"
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@Jon-xw9om A private prosecution is a prosecution started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority. A 'prosecuting authority' includes, but is not limited to, an entity which has a statutory power to prosecute.
There are a number of organisations that regularly prosecute cases before the courts of England and Wales but they do so as private individuals, using the right of any individual to bring a private prosecution. One example is the RSPCA.
The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985. There are, however, some limitations:
the Director of Public Prosecutions (DPP) has power under section 6(2) POA 1985 to take over private prosecutions;
in some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings.
In principle, there is nothing wrong in allowing a private prosecution to run its course through to verdict and, in appropriate cases, sentence. The fact that a private prosecution succeeds is not an indication that the case should have been prosecuted by the CPS. Parliament has specifically allowed for this possibility by the way section 6 is constructed: there is no requirement for the CPS to take over a private prosecution.
However, there will be instances where it is appropriate for the CPS to exercise the Director's powers under section 6(2) POA 1985, either to continue the prosecution or to discontinue or stop it.
The key point is that when asked to do so, the CPS must make a decision on whether or not to take over a private prosecution. The decision whether or not to take over a private prosecution should be made by the reviewing lawyer and endorsed/ratified by a Chief Crown Prosecutor (CCP) (or Deputy CCP (DCCP)) or relevant Head of Casework Divisions (HoD) (or their Deputy) and recorded in writing.
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@mikebikekite1 It does. The reason is simple probability.
Take the NHS. If there's one avoidable death a year, and all other maternitiy wards don't suffer lots of deaths, then the probability of murder in the Letby case is such that someone killed the kids.
However, given that 20,000 avoidable deaths in just NHS accute hospitals in England is the rate, you need to adjust. Take account of East Kent, South Wales, Mid Yorks, Shrewsbury and Telford, and the death toll in those maternaty wards, and the odds are different.
It's called Baynesian Analysis.
So with cyclists, given that close to 100% of them are cycling and breaking the law regularly, with intent, you have to take that into account when on a jury. What's the odds you got the one cyclist who wasn't breaking the law?
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@mikebikekite1 I have. They say we haven't got the staff.
For example, I was told Lambeth had one officer on at night. Quite what the other 1999 were up to, beyond me.
The fixes are easy.
1. Schools. Picks up the motorbikes used for school runs. Seize and destroy, report to Social services. Easy
2. McDonalds. Gets deliveroo.
3. Red light jumpers. Just for the rushhour in the morning, as a cash cow.
There you go, some nice and simple solutions.
The first, for the whole borrough comes out at 1 man month, plus you are flying the flag for the police.
McDonalds, you include mopeds being used for delivery of food. Lots of secondary offences.
Red light jumpers. You don't need to get many before the word spreads around the coffee machines at work.
Difficult to get the mobile phone snatchers, but I did manage to get one nicked.
On report it, I do have script. Video the junction. Then watch it, note the time and offences in a spreadsheet.
Then the script reports each offence to the Met. No typing. No errors. Given they have 20-25K CADs logged a day, do you think I would get a visit for reporting 10% of them?
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