How it Works

How we help you bring a Private Prosecution

If you have a case that requires investigation or you want to find out more about pursuing a private prosecution, then please get in touch. Here is how the private prosecution process works:

1. When you contact us, we will take full details of the case including confirmation as to whether the Police or any other investigatory bodies have been involved, and if so, to what extent.
2. We will discuss your particular requirements and agree a fee in advance for the required work, be that initial investigation, gathering and preserving evidence, legal advice and representation or a combination of each.
3. Subject to our initial discussions, a detailed assessment will be carried out and next steps agreed including the preparation of an investigation plan. 
4. At every stage, we will continue to evaluate the viability of the private prosecution case and will advise you if we reach the view that it is not strong enough to proceed. In pursuing any prosecution case, there are often changing factors to consider such as evidential and disclosure issues, so it is important that the case is kept under regular review.
5. Where appropriate, witness interviews will be carried out and steps taken to obtain and preserve relevant evidence.
6. Witness statements will be prepared together with supporting documents and exhibits.
7. Where appropriate, expert evidence may be needed, for example from digital forensic experts who can examine computer data or forensic accountants to review financial records.

8. Following the conclusion of the relevant investigations, experienced prosecution barristers will review all of the evidence, applying the rigorous Crown Prosecution Service code for prosecutors and determine whether the case is evidentially strong enough and in the public interest to proceed as a private prosecution. 
9. If the case meets the relevant criteria a prosecution strategy will be agreed and costed.
10. Paperwork will then be prepared to commence criminal court proceedings.
11. One of the most crucial aspects of any criminal prosecution, whether it is carried out publicly by the likes of the CPS or privately, is strict adherence to the obligations of disclosure to the defendants and their representatives. Throughout the prosecution process, the expert and multidisciplinary team will advise on and manage disclosure ensuring the integrity of the case throughout.
12. The charges will then be drafted and issued at the Magistrate's court. This is known as “laying an information”. The Magistrates will then either issue a Summons or a Warrant of Arrest, depending on the gravity of the charges.
13. We will then provide full representation at the initial court hearing and any subsequent pre-trial hearings. The number of these will depend on the complexity of the case, experts and witnesses involved, and whether the defendant pleads guilty.
14. We will continue to monitor your disclosure obligations and then prepare for and represent you at the full criminal prosecution trial, presenting your case against the defendant.
15. Following the trial, we will represent you at any sentencing hearing ensuring that all appropriate orders are applied for, such as confiscation orders, compensation orders and costs, as well as pressing for the most suitable criminal penalty including a custodial sentence if necessary.