As explained previously at this website, a private prosecution is one which is not brought by the Police or other prosecuting authority but by a private individual or entity. In the event that the proceedings result in a conviction, the convicted person faces the same criminal court sanctions as would have been the case if the State had been the prosecutor.
The High Court has recently concluded that there have to be ‘compelling reasons’ to justify a court’s refusal to issue a summons seeking a private prosecution.
Sukhdip Randhawa of Kangs Solicitors comments.
The team at Kangs Solicitors has vast experience and is highly regarded nationwide for assisting clients facing allegations of alleged criminal activity and also those wishing to pursue a private prosecution.
Members of our team are ranked in both the leading legal directories, the Legal 500 and Chamber & Partners.
For an initial no obligation discussion, please call our team at any of our offices detailed below:
The Court Ruling | Kangs High Court Proceedings Solicitors
- At a recent Judicial Review Hearing, the High Court confirmed the relevant test to be applied was that if the established threshold requirements have been met, the summons should be issued, unless there are ‘compelling reasons’ not to do so.
- The High Court found that the legal adviser to the court had failed to ‘expressly remind himself’ that the test he was bound to apply was whether there existed ‘compelling reasons’ for not doing so.
- Further, the High Court found the legal adviser to the court had incorrectly taken into account irrelevant factors.
- The High Court also stated that the pursuit of a heated civil dispute is no bar to the issue of a private prosecution.
Who Can I Contact for Help? | Kangs Private Prosecution Solicitors
The decision whether or not to pursue a private prosecution will involve consideration of a number of practical, technical and financial issues.
If you are considering bringing or defending a private prosecution it is essential that you seek expert advice immediately.
Please do not hesitate to contact the team at Kangs Solicitors through the following: