Private Prosecution

Abstract

The power of a person to apprehend and prosecute felons on their own motion was an essential mode of crime control in early medieval England. Pre-dating the establishment of community or metropolitan police forces, the private person owed a duty to the King to maintain the peace and security of the realm. Before the emergence of this duty, however, private prosecution was the means of securing private property rights in terms of land, chattels and the person. Before any distinction between public and private, tort or criminal law, feudal law was characterised by the expression of private landed interests. The private nature of these interests saw prosecutorial power accord with the feudal chain of command, leaving the indigent poor with little recourse to justice. Consequently, the early common law of England supported various procedures that secured the interests of the landed gentry, specifically their right to the sanctity of their person and property.