Private prosecutions

Solicitors for private prosecutions

We have over 30 highly experienced and specialist criminal lawyers in the firm. Many of our specialists have experience in representing clients bringing or defending private prosecutions and in dealing with potential overlap between criminal and civil claims, which is most relevant in fraud, theft and harassment claims.

Private prosecutions can be initiated by any individual or company under Section 6(1) of the Prosecution of Offenses Act 1985. These cases follow the same procedures as prosecutions brought by the Crown.

A private prosecution can be brought for most types of criminal law matter whether fraud, employee theft, violent or sexual offences and many others. The standard of proof to succeed with a private criminal prosecution is beyond reasonable doubt, which is significantly higher than the civil burden of on the balance of probabilities.

In many instances, private prosecutions offer a faster approach compared to those pursued by law enforcement agencies, which may be overburdened. This option can be particularly beneficial if the police or official agencies decide not to allocate resources to your case.

Advantages of Private Prosecutions

Private prosecutions offer several advantages over public prosecutions, especially in cases involving fraud. They are often quicker, more focused, and more efficient. They can be pursued when law enforcement refuse to investigate or prosecute, when a public prosecution fails, or when individuals or companies want to pursue a case out of principle and for future deterrence.

Private prosecutions in the UK are only viable if a substantial portion of the offence occurred within the country.

Costs of Private Prosecutions

The costs of a private prosecution can vary widely, depending on factors like evidence volume, investigative work, and case complexity. Significant expenses may arise if evidence is located in other jurisdictions, expert evidence is required, or the case proceeds to trial and confiscation.

Potential Reimbursement

In certain cases, the court may order the payment of expenses from central funds to compensate a private prosecution claimant for costs incurred in indictable offence proceedings. However, this is not guaranteed and depends on the circumstances.

Timeline

A private prosecution typically starts moving through the Magistrates' Court system within a few weeks after the issuing of a summons. Depending on various factors, the case may conclude within 6-9 months.

Reasons to Pursue a Private Prosecution

• Cost-effectiveness - private prosecutions can be more affordable than civil litigation, especially for companies with budgetary constraints.

• Deterrence - criminal prosecutions can deter future offenses with the threat of imprisonment, fines, and a criminal record.

• Publicity - successful prosecutions can be easily publicized, enhancing deterrence.

• Compensation - in certain cases, private prosecutors may seek compensation for losses incurred due to the crime.

• Control - private prosecutions allow individuals and companies to control the pace of the investigation and prosecution.

• Justice - pursuing a private prosecution can be a way to achieve justice and closure, especially when public authorities fail to act.

Private prosecutions for employee fraud or theft

When a company discovers significant financial losses due to employee misconduct, they often consider pursuing a private prosecution. This approach offers several advantages:

• Swift Action - private prosecutions can be initiated more quickly than those brought by law enforcement agencies, allowing for a timely response to the crime.

• Control - companies have greater control over the pace and direction of a private prosecution, ensuring that the investigation is conducted efficiently and effectively.

• Confidentiality - private prosecutions can be kept confidential, protecting the company's reputation and avoiding negative publicity.

• Deterrence - a successful prosecution can serve as a deterrent to other employees who may be considering similar misconduct.

However, it's important to note that private prosecutions can be costly and time-consuming. It's essential to weigh the potential benefits against the costs and risks before deciding to pursue this course of action.

Will the CPS possibly take over a private prosecution?

While it's possible for the CPS to intervene in a private prosecution, this is typically only done in exceptional circumstances, such as when:

• there is a public interest in the case.

• the private prosecutor is unable to continue with the case.

• the case involves complex legal issues that require the expertise of the CPS.

The CPS is more likely to intervene if a private prosecution is based on a serious crime or involves significant public interest. In most cases, the CPS will only intervene if the private prosecutor requests their assistance or if the case is likely to result in a conviction.

It's important to note that if the CPS does intervene in a private prosecution, they may take over the case entirely or simply provide assistance to the private prosecutor. The decision of whether or not to intervene will depend on the specific circumstances of the case.