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Decisions in private prosecutions are often strategic as well as legal, with timing, evidence, and tactical considerations playing a critical role, especially where civil and criminal elements overlap.
With dpecialist and highly experienced lawyers working together from our civil and criminal litigation teams, we guide clients through every stage, ensuring that action taken is both effective and proportionate, representing clients bringing or defending private prosecutions in areas including fraud, theft and other potential criminal claims). Please do call or email to discuss your situation and how we can help.
A private prosecution is a criminal law claim brought under Section 6(1) of the Prosecution of Offences Act 1985 by a private individual or organisation rather than Crown Prosecution Service. The criminal law procedure is the same as for prosecutions brought by the CPS.
Private 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.
Private prosecutions are only possible if a substantial portion of the offence occurred within England & Wales.
Decisions in private prosecutions are often strategic as well as legal, with timing, evidence, and tactical considerations playing a critical role, especially where civil and criminal elements overlap.
Our experience includes :-
Assessing on stratgey, merits and evidential strength of a potential private prosecution and whether civil proceedings should also be commenced.
Advising on strategy where civil and criminal proceedings interact, including sequencing and disclosure considerations.
Preparing and presenting cases for or defending individuals and companies facing private prosecutions.
Engaging with law enforcement and regulatory bodies, including referrals or parallel investigations.
Managing procedural steps such as summons applications, case management, and liaison with the CPS if a case is reviewed or taken over.
Negotiating resolutions or advising on alternative remedies where prosecution may not be the most effective route.
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.
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.
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.
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