I don’t blame the Top QC for bringing an unsuccessful private prosecution but should we have to pay for it?

The subject of costs in criminal cases is not, it must be admitted, a sexy one but it is important. The rules are often opaque and often misunderstood even by lawyers. Perhaps for this reason some of the grotesque injustices at the heart of the system are seldom given the attention that they deserve. Bear with me if you will, because even if the topic is not very exciting, it is important.

Martin Porter QC is a campaigner. He was in the news this week after he brought a private prosecution for dangerous driving against a man called Aslan Kayardi. The prosecution failed. Despite this the judge ordered that Mr Porter be awarded his costs from ā€œcentral funds,ā€ in other words from public money.

Lest anyone think that what follows is intended as in any way a personal attack upon Mr Porter, it is nothing of the sort. He is a highly respected lawyer, and has behaved perfectly properly and honourably. Had I been advising him (not that he would want or need me to do so) I might well have advised him to do everything that he in fact did. My complaint is not with him, but with the system within which he and I both operate. Continue reading “I don’t blame the Top QC for bringing an unsuccessful private prosecution but should we have to pay for it?”