Private Criminal Prosecutions

At Kangs, our team is experienced in both pursuing and defending Private Prosecutions, closely working alongside experienced counsel. Whether you wish to consider the issue of such proceedings or find yourself having to defend yourself upon receipt of such a summons, our team can help. Recognised as one of the leading criminal defence firms in the country, we are ranked in the highest category of law firms by both the leading directories for the legal profession, the Legal 500 and Chambers UK.

A private prosecution is one which is not brought by the police or other prosecuting authority but by a private individual or entity. The right to bring a private prosecution is one which is being exercised on an ever increasing basis, especially where economic crime is involved.

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.

Got a question?

Can't find what you need? Get in touch with our experience team, who are happy to answer any questions you have.
When may a Private Prosecution be considered appropriate?
  • 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
  • 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 should I be aware of when dealing with Private Prosecution?
  • 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 help?

At Kangs 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 who will be delighted to assist.

Contact Kangs

The expert lawyers at Kangs are available to assist you. We can arrange initial consultations in person, by video call or telephone.

Please contact one of our experts listed below or contact us at:


T: 0333 370 4333



The large team is adept at handling serious and white collar crime. It has very bright individuals at all levels who know the system inside out
Superior firm with that rare ability of being client centred and commercial at the same time and without detriment to either
They are really great lawyers. Their client care is premium
Substantial experience in multi-jurisdictional criminal and financial regulatory investigations
Kangs Solicitors is an outstanding firm
It is a first rate firm dedicated to its clients and tenacious in challenging the prosecution
Ultra efficient and professional. Not surprised it has many senior professional clients
Criminal Litigation, Financial Investigations, Private Prosecutions
The Private Prosecutors’ Association has recently published a code for Private Prosecutors ‘to provide a benchmark in the conduct of private prosecutions.’ Kangs Solicitors has previously commented upon the emergence of private prosecutions and for further information, please follow the link for a greater insight: Private Criminal Prosecutions | An Alternative To Civil Proceedings? Helen […]
Criminal Litigation, Financial Investigations, Private Prosecutions
Private prosecutions continue to attract much interest as evidenced by the issue of such proceedings by Westminster Magistrates’ Court against Member of Parliament, Boris Johnson, in respect of allegations of misconduct in a public office. John Veale of Kangs Solicitors comments. The Circumstances | Kangs Private Prosecutions Team The Usual Prosecution Authorities | Kangs Private […]
Criminal Litigation, Financial Investigations, Private Prosecutions
As reported in the article posted to this website on January 21st 2019, Kangs Solicitors has been defending a client, a former director of a UK insulation company who, with other defendants, was alleged to have committed trade mark fraud and fraud by false representation against a company based in France. Frances Murray of Kangs […]

Get in touch