Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year'
"One of, if not the best, criminal specialist firms in the country" (Legal 500)
Private Criminal Prosecutions. An Alternative To Civil Proceedings?
The right to bring a private prosecution is one which is being exercised on an ever increasing basis, especially where economic crime is involved.
They are really great lawyers. Their client care is premium
What Is A Private Prosecution?
A private prosecution is one which is not brought by the police or other prosecuting authority but by a private individual or entity.
The pursuit of a private prosecution allows an aggrieved party to seek redress through a criminal court, frequently alongside the more traditional approach of a civil court action.
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.
When May A Private Prosecution Be Considered Appropriate?
- In the event that a public body, such as the Crown Prosecution Service, for example, decides not to prosecute a person for an alleged wrong-doing, the victim of the alleged crime may bring a private prosecution under section 6(1) of the Prosecution of Offences Act 1985 with the intent of seeing that justice is served.
- Where an individual or corporate body has suffered financially from dishonesty a private prosecution may provide a speedier course of redress than the pursuit of proceedings through a civil court.
- The alleged offence complained of must not be one for which the consent of the Attorney General or Director of Public Prosecutions is required.
What Are The Advantages Of A Private Criminal Prosecution?
- A prosecution may be commenced in situations where a normal prosecuting agency is prevaricating and reluctant to proceed.
- In the current climate of costs budgeting in the civil courts, it is very much the case that far too much time can be lost over costs issues to the extent that they frequently become the focus of the proceedings.
- A successful private prosecution may well lead to a substantial payment of costs being recovered from central funds.
- Once all preliminary preparatory work has been satisfactorily conducted and a summons issued, the subsequent procedure is comparatively straightforward.
What is impressive is the strength in depth of the team of solicitors at Kangs – they are a very skilled and talented team
Kangs Solicitors has recently successfully assisted a London based high street retail company which had received notification from Trading Standards that alleged breaches of the Trade Marks Act 1994 were being investigated. Tim Thompson of Kangs Solicitors outlines...
Suspicious Activity Reports | Extensions to Moratorium Periods | Kangs Financial Crime Defence Solicitors
All Financial Institutions are obliged to file a Suspicious Activity Report (‘SAR’) with the National Crime Agency (‘the NCA’) when they suspect the presence of criminal activity such as money laundering. Upon receipt of a SAR, the NCA can refuse consent for the...
The owner of a restaurant in Brent has recently received a substantial fine after he pleaded guilty before the Magistrates’ Court following the discovery of a number of food safety and hygiene breaches at his trading premises. Amandeep Murria of Kangs Solicitors...
A school teacher, who is a British National, has recently been convicted at Kingston Crown Court in respect of sexual offences against two children at a school in the United Arab Emirates. Amandeep Murria of Kangs Solicitors outlines the circumstances. The Team at...
Illegal Waste Activity | Environment Agency Prosecution | Kangs Environment Offences Defence Solicitors
Two defendants have recently been prosecuted before Nottingham Magistrates’ Court following complaints concerning the illegal burning of material at a site in Cotham Lane, Hawton, Newark. Helen Holder of Kangs Solicitors outlines the circumstances. The Team at...
Potential Areas For Caution
- Anyone faced with having to defend a private prosecution will be well advised to seek expert advice and guidance. Such an expert will be alert to identifying a vexatious or improper private prosecution and will seek to derail such proceedings.
- The proper and accurate compilation, preservation and presentation of the evidence is crucial in order to convince a judge that the procedure is being used appropriately.
- Whilst it is perfectly acceptable for a private prosecutor to hold a degree of personal interest, the test is objective, involving some public interest.
How Can Kangs Solicitors Help With A Private Criminal Prosecution?
At Kangs Solicitors our team is experienced in both pursuing and defending Private Prosecutions, closely working alongside experienced counsel.
Should you wish to consider the issue of such proceedings or find yourself having to defend yourself upon receipt of such a summons, please contact our team through any of the following who will be delighted to assist.
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
Level 1, Devonshire House, One Mayfair Place
Mayfair, London, W1J 8AJ
020 7936 6396
76 King Street
Manchester, M2 4NH