A Predominantly Public and Evolving Conception in the English Common Law Tradition

Abstract This chapter examines the mechanisms through which victims in England and Wales act as agents of prosecutorial accountability, focusing on decisions to prosecute. The analysis focuses on two central mechanisms: private prosecutions and judicial review. Both are grounded in common law and historically conceptualized victims as bearers of public interests, thereby supporting more substantive forms of accountability in prosecutorial decision-making. Drawing on theoretical frameworks introduced in previous chapters, the chapter situates these mechanisms along the public–private spectrum and considers them through substantive–procedural lenses. While these mechanisms have traditionally supported a public conception of victim interests, recent developments reveal a partial shift towards a more privatized framing, particularly with respect to private prosecutions. This shift echoes trends more prominent in the United States, where victim participation has been conceived primarily as private and procedural. Overall, the chapter demonstrates both the historical strength and the evolving limitations of accountability mechanisms in England and Wales. It highlights the tensions between public and private conceptions of victims’ interests and underscores the importance of these frameworks in shaping substantive versus procedural forms of accountability.