Abstract:
This essay evaluates whether private prosecutions remain a safe and useful mechanism in the modern New Zealand criminal justice system. It argues that private prosecutions are an important constitutional safeguard against state inertia, incompetence and bias, and that recent legislative reforms have strengthened the judiciary’s ability to ensure this mechanism is not misused. Despite this, concerns still remain. This essay begins by providing an overview of private prosecutions and a justification for their continued existence. It then outlines the current procedure for private prosecutions in New Zealand, highlighting, in particular, the impact of the Criminal Procedure Act 2011. Finally, this essay explores remaining concerns with this mechanism. Ultimately, while still in favour of retaining private prosecutions, this essay advocates for a greater alignment of the purposes of private prosecutions in theory and their application in practice. It cautions against further normalisation and commercialisation of private prosecutions and questions their effectiveness as a “safeguard” given the considerable financial and investigative burdens faced by applicants.
