Costs

Private prosecution costs 

Starting a private prosecution is a significant decision and needs to be considered carefully both evidentially and from a costs perspective. The rules on costs in private prosecutions are complex and it is important that you work with an experienced team that understands fully the financial implications of pursuing such a case.

We offer an efficient and transparent service to clients who wish to pursue a private prosecution where the costs involved can be identified and understood at each stage of a case.

Recovering costs from the Defendant

Crime Prosecutors are able to provide their clients with a realistic estimate for the possible costs for seeing a case through to its conclusion. This will include advice on the potential to recover costs from the Defendant if successful but also the potential risks if the case is unsuccessful.

Recovering costs from Central Funds

Crime Prosecutors are also able to provide assistance for the recovery of certain costs from the Government through applications to ‘Central Funds’. It is possible to try and make applications for these orders even if the prosecution is unsuccessful providing it is properly brought. Crime Prosecutors' rigorous and experience based approach to advising on which cases to pursue will help increase the chance of these orders being made.

Defendant’s costs

If it is found that a private prosecution case was brought improperly or the correct disclosure process was not followed, then the defendant may well be entitled to recover their costs. For this reason, it is very important to obtain experts’ realistic and practical advice from the start.

The team are experienced in working to what is known as the "Full Code Test", the two staged standard applied by Crown Prosecutors:

• Evidence - is there sufficient evidence for a realistic prospect of conviction? If so,
• Public interest stage - is prosecuting in the public interest?

Failure to follow these standards can lead to an unsuitable and ultimately very costly prosecution.

Code for Private Prosecutors

The Code for Private Prosecutors sets out the standards and duties for private prosecutors. The Crime Prosecutors team follow these parameters and recognise that whilst the services they provide are private, ultimately their overriding professional duty is to the Court.

If you, your business or organisation has been the victim of crime, get in touch to find out if you have the basis of a private prosecution case.