Private prosecutions - worth considering and if so, for what types of claims?

What is a private prosecution?

A private prosecution refers to a criminal law claim brought by a private individual or organisation (rather than Crown Prosecution Service) in England and Wales. The criminal law procedure is the same as for prosecutions brought by the CPS. Prosecutions can be brought for most types of criminal law matter including fraud, employee theft and violent or sexual offences and many others. The standard of proof is beyond reasonable doubt, which is significantly higher than the civil burden of on the balance of probabilities.

A private prosecution can be brought by any individual or company under Section 6(1) of the Prosecution of Offences Act 1985. Private prosecutions are only possible if a substantial portion of the offence occurred within England & Wales.

Reasons to pursue a Private Prosecution

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

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

• Publicity - successful prosecutions can be publicised, enhancing deterrence.

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

• Quicker than civil proceedings - 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.

• 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, a private prosecution is an option for quick action and acts as deterrence to other employees who may be considering similar misconduct.

Private prosecutions can be costly and time-consuming, so weigh the potential benefits against the costs and risks before deciding to pursue this course of action.

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. 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.

Can private prosecution legal costs be recovered?

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.

Solicitors for private prosecutions

Our specialist lawyers are experienced in the specialist area of representing clients bringing or defending private prosecutions and in dealing with the potential overlap between criminal and civil claims (most relevant in fraud, theft and harassment claims). Please do call or email to discuss your situation and how we can help.