Page 44 - Real Rochdale Issue 22 Summer 2024
P. 44
POST OFFICE HORIZON SCANDaL
This is the second in a series of articles in which Molesworths’ dispute resolution team will
review the Post Office Horizon scandal, the issues arising from it, and what might happen next.
This article considers the function and use of private prosecutions by commercial organisations,
exploring both the legal framework and the practical implications of such actions.
The Law Risks and Challenges
English law allows any person or organisation While private prosecutions offer benefits, they
to initiate a private prosecution. also come with significant risks and challenges:
This means that private individuals, as well as • Cost: private prosecutions can be
companies, can prosecute alleged offenders extremely costly, with the organisation
without the involvement of public prosecuting bearing all legal costs upfront. If the case
authorities like the Crown Prosecution fails, they may not recover these costs.
Service (CPS).
• Reputation: companies must consider the
The legal basis for this is found in the potential reputationaldamage that could
Prosecution of Offences Act 1985 and the arise from pursuing legal action, especially
Criminal Procedure Rules, which govern the if the case garners public or media
conduct of these prosecutions. attention.
Private Prosecution – Why? • Legal and ethical questions: there are
complex legal and ethical issues involved,
Commercial organisations may choose to including the potential for conflicts of
pursue private prosecutions for several interest and the fairness of the
reasons: prosecution.
• Efficiency and control: companies often The Post Office Horizon scandal is a
perceive private prosecutions as a faster prominent example where the misuse of
alternative to public prosecution, giving private prosecution power had devastating
them more control over the handling of the effects.
case.
Hundreds of sub-postmasters were
• Deterrence: by taking legal action wrongfully prosecuted based on faulty data
independently, companies can send a from the Horizon IT system.
strong message to deter future offences
against them. This situation highlights the risks of serious
injustices when commercial organizations
• Resource allocation: in some cases, public exercise prosecutorial powers without
authorities may lack the resources or the adequate oversight.
will to prosecute certain crimes, such as
fraud or intellectual property theft, leading In the next article we will consider broader
companies to take matters into their own implications of IT failures in legal and business
hands. contexts.
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