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Life and Art from FT Weekend

The UK companies acting like the police

Life and Art from FT Weekend

Forhecz Topher

Tv & Film, Arts, Society & Culture

4.6601 Ratings

🗓️ 20 July 2023

⏱️ 23 minutes

🧾️ Download transcript

Summary

This week, we explore the question of what it means to privatise justice. The FT's Kadhim Shubber explains how, in the UK, private companies are hired to file and prosecute legal cases — even when the police think those same cases shouldn't be tried. Kadhim and Lilah discuss how private prosecutions work, why they exist, and what it could mean for the future of the justice system.


Correction: This episode has been updated to remove suggestions that private prosecution does not exist in the United States. Private prosecutions exist in a more limited form in the United States.

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We love hearing from you! You can email us at [email protected], we’re on Twitter @ftweekendpod, and Lilah is on Instagram and Twitter @lilahrap

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Links: 

– Kadhim’s magazine piece: https://on.ft.com/3qxsKGj 

– Follow Kadhim on Twitter @kadhim

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Special offers for Weekend listeners, from 50% off a digital subscription to a $1/£1/€1 trial are here: http://ft.com/weekendpodcast.

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Original music by Metaphor Music. Mixing and sound design by Breen Turner and Sam Giovinco.


Read a transcript of this episode on FT.com 


Hosted on Acast. See acast.com/privacy for more information.

Transcript

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0:00.0

The other day I was reading a magazine story by my colleague Kadem Shubber, and it kind of confused me because it went against everything I understood about prosecuting a crime.

0:12.8

We know how it usually works. Something happens like a robbery or another offense. The police are called in.

0:20.0

And then the state, the police and the

0:22.0

prosecution's office, decides whether the suspect goes to court. But in the UK, there's

0:28.0

another option. Private companies can prosecute the crimes. And that means not just file for damages,

0:36.1

but actually put people in jail. They can walk into court and not just file for damages, but actually put people in jail.

0:38.3

They can walk into court and not just file a lawsuit, not just bring civil proceedings to, you know, get money from you.

0:47.3

They can come into court and try to criminally prosecute you and they can get, you know, the persons that they feel have wronged them, you know, sent to jail.

0:57.2

It turns out that the UK's prosecutor, which is known as the Crown Prosecution Service, is kind of broke.

1:03.6

Its budget has been slashed.

1:06.4

So partly to fill the gap, it's been outsourcing its work to private companies.

1:12.7

This concept is known as private prosecution.

1:16.7

It's an artifact of the past.

1:20.0

It's the way that in lots and lots and lots of places all prosecutions used to be done.

1:25.8

Today we have a modern state which has the capacity to

1:28.9

investigate crimes, prosecute crimes. In the past, you know, that didn't really exist. And so

1:33.8

really it used to be that a person, you know, it was their responsibility to seek vindication,

1:39.8

you know, if somebody assaulted them or committed some other criminal wrong against them.

1:45.7

The system is supposed to be fair because the courts actually reimburse the private prosecutors.

1:51.4

So it's meant to be accessible to anyone.

1:54.2

But in reality, you need a lot of money up front to hire these lawyers.

1:59.5

And Kottom is concerned about how this could play out long term.

...

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