Private Criminal Prosecutions
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 allegations of economic crime and fraud are 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.
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- Anyone faced with having to defend a private prosecution will be well advised to seek expert advice and guidance. We are accustomed to identifying a vexatious or improper private prosecution and will be able to advise on potential applications to bring the proceedings to an early successful conclusion.
- The party bringing the private prosecution is under a duty to ensure the proper and accurate compilation, preservation and presentation of the evidence and to convince the court that the procedure is being used appropriately. We can advise the accused client at an early stage as to whether such procedures and protocols have been followed correctly.
- Whilst it is perfectly acceptable for a private prosecutor to hold a degree of personal interest, the test is objective, involving some public interest. We can advise the accused client on the merits of this test being met in each individual case.
- If a public body, such as the Crown Prosecution Service, for example, decides not to prosecute a person or organisation for an alleged wrongdoing, the victim of the alleged crime may bring a private prosecution under section 6(1) of the Prosecution of Offences Act 1985.
- Where an individual or corporate body has suffered financially from alleged dishonesty, it may look to a private prosecution to 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.
- If 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.
- Often, a prosecution is commenced by the aggrieved party in situations where a normal prosecuting agency is prevaricating or is reluctant to proceed with the case.
- In the current climate of costs budgeting in the civil courts, the accuser may feel that far too much time is lost over costs issues to the extent that they frequently become the focus of the civil proceedings. Such costs budgeting issues do not apply in the criminal courts.
- A successful private prosecution may well lead to a substantial payment of costs being recovered from central funds.
- For any party wishing to bring a private prosecution, once the preliminary preparatory work has been satisfactorily completed, the subsequent procedure is comparatively straightforward in that the case will proceed in accordance with the usual criminal procedure rules in the Magistrates’ Court and/or the Crown Court.
If you find yourself threatened with a private prosecution or served with a summons to appear in the Magistrates’ Court, please contact our team who will be delighted to assist. Amongst other things, we can help by assessing the merits of the case against you and develop a tailored defence strategy.
Throughout the whole court proceedings and process, our solicitors will provide guidance and support, helping you navigate the complexities of the legal system, ensuring your rights are protected at all times.
Acting quickly upon receiving a summons is crucial, the sooner you act the better we can help safeguard your legal rights, and potentially resolve the matter more efficiently. If you need assistance call or email us today.
The expert lawyers at Kangs are available to assist you. We can arrange initial consultations in person, by video call or telephone.
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