15/08/19

Private Prosecutions | New Code | Kangs Private Prosecutions Solicitors

Share

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 Holder of Kangs Solicitors comments generally.

The Code | Kangs Private Prosecution Lawyers

Private Prosecutors:

  • Must observe the highest standards of integrity and have regard for the public interest
  • Are subject to the same obligations as a public prosecuting authority
  • Owe a duty to the Court to ensure that the proceedings are fair and that the case is dealt with justly
  • Must withdraw or refuse to act if they consider the conduct of the party  pursuing the prosecution to be improper or vexatious

Crown Prosecution Service Code:    

  • Although this does not apply to private prosecutions, it is good practice to use it as a benchmark 
  • If the full code is not met i.e. the evidential and public interest tests, it is likely that the advice will be not to institute a private prosecution

CPS:

There is no duty upon a private prosecutor to inform the CPS of the proceedings. However:

  1. Some offences require the consent of the Director of Public Prosecutions before a summons can be issued
  2. Where the CPS is informed it may
  3. Allow the private prosecution to continue without intervening
  4. Take it over and continue it
  5. Discontinue it or stop it

Procedural Rules:

The rules that apply to public authority prosecutors apply to private prosecutors such as:  

  1. Obtaining evidence by way of investigation ensuring admissibility, being fair and balanced, not an abuse and acting impartially, objectively and independently
  2. Conducting interviews in compliance with the Police and Criminal Evidence Acts Codes of Practice
  3.  Ensuring that a thorough review is undertaken of all unused material in order to comply with duties of disclosure

Advantages of a Private Prosecution | Kangs Private Prosecution Solicitors

A private prosecution:

  1. May proceed where a public body lacks the resources or the will to prosecute
  2. Will often be quicker
  3. Will be more focused and efficient than a public prosecution
  4. May be cheaper that High Court Proceedings
  5. Can provide remedies for those who have suffered harm either economic or physical
  6. May lead to costs being recovered

Contrast | Civil and Criminal Proceedings | Kangs Private Prosecution Team

  • Civil proceedings seek financial redress whereas a criminal prosecution is intended to punish the alleged offender which may not necessarily result in a financial recovery
  • A private prosecution should seek to punish those alleged to have committed a criminal offence and should not be launched purely as a means to seek a financial settlement
  • Where both civil and criminal proceedings have been issued, careful consideration must be given as to whether they should be allowed to run concurrently or whether the civil proceedings should be stayed pending the outcome of the criminal proceedings
  • There may be significant procedural benefits in staying the civil proceedings for example, awaiting disclosure in criminal proceedings
  • A successful criminal prosecution could carry significant weight in the civil proceedings where they are founded on the same factual basis in both jurisdictions

How Can We Assist You? | Kangs Private Prosecution Solicitors

The team at Kangs Solicitors has considerable experience in handling private prosecutions on behalf of clients in both the issue and defence of such proceedings.

If we can be of assistance, our Team is available via telephone 0333 370 4333 and by email info@kangssolicitors.co.uk.

We provide initial no obligation discussion at our three offices in London, Birmingham and Manchester.

Alternatively, discussions can be held virtually through live conferencing or telephone.

Hamraj Kang

Email Hamraj

07976 258171

020 7936 6396

0121 449 9888

Tim Thompson

Email Tim

0121 449 9888

020 7936 6396

0161 817 5020

Helen Holder

Email Helen

0121 449 9888

020 7936 6396

Criminal Litigation
As part of the Criminal Court Appeals procedure a convicted offender may appeal against conviction, sentence, or both, in England and Wales, on a number of grounds depending upon the particular circumstances of each case. Whilst there is a readily available entitlement to lodge an Appeal, the process can be complicated, will be dependent upon […]
17/04/24
Financial Investigations
There is a plethora of reasons for money transfers, ranging from sending birthday gifts to providing essential support to family members overseas. Informal Value Transfer Systems (IVTS) are adopted by individuals for a multitude of reasons, especially in situations where conventional banking systems are either unavailable or inconvenient. The term ‘Informal Value Transfer Systems,’ describes […]
15/04/24
Financial Investigations, Tax & HMRC
The Finance Act 2024 (‘The Act’), received Royal Assent on the 22 February 2024. Among its provisions is the implementation of several tax reliefs and exemptions, new criminal offences related to Tax Avoidance Schemes, and an increase in maximum terms of imprisonment for individuals convicted of tax offences. Hamraj Kang highlights the Act to the […]
11/04/24

Get in touch