Co-producing prosecution: old and new third party forms

Abstract

Third parties have become stalwarts of regulatory systems and as subjects in regulatory studies, yet definitions and analysis are often 'state-centric'. This chapter is inspired by Peter Grabosky's invitation to look beyond this instrumental focus and beyond that which is sponsored by the state. It shares his interest in exploring the 'democratisation' of regulatory activity, and whether third parties always act in the interests of the regulator or state. Grabosky's scholarly curiosity has seen him take a long view on case studies and in forecasting trends. Focusing on the under-examined domain of the public prosecutor, the chapter finds evidence of different third party forms, blended regulatory strategies adopted by them and deep normative motivation to their engagement with and in prosecution. It looks beyond the centre to explore third parties as legal, social and political actors energised by a meld of private and public interests.