Private prosecutions do not only relate to commercial cases. Under the Prosecution of Offences Act 1985, an individual can bring a private prosecution. This means that individuals can pursue a private prosecution in a wide range of cases if the usual enforcement agencies, such as the Police or Crown Prosecution Service do not have the resources or time to bring such cases.
Examples of private prosecutions affecting individuals include:
- Domestic violence
- Road rage attacks
- Sexual offences – rape/date rape
- Harassment & stalking
- Perverting the course of justice & perjury
- Malicious & false allegations
- Environmental protection
- Criminal damage to property
- Blackmail
- Bribery
- Financial abuse & fraud of vulnerable victims
- Cybercrime
Bringing a private prosecution is a decision that cannot be taken lightly. There are significant financial and reputational implications to consider, as well as complex and technical legal factors. It is important to get expert legal advice from the outset before considering a private prosecution.
The team are experienced in working to what is known as the "Full Code Test", the standard applied by Crown Prosecutors which has two stages:
- Evidence - is there sufficient evidence for a realistic prospect of conviction? If so,
- Public interest stage - prosecutors must decide if prosecuting is in the public interest.
Given the components of the Crime Prosecutors team, we can advise on all aspects of the prosecution process from the preservation of evidence, disclosure and ongoing evaluation of the case by experienced Crown Court prosecution barristers and K.C.s.
We can also advise on the range of appropriate sentences following trial, including compensation orders, confiscation orders and the possible recovery of costs.
If you have been the victim of crime, get in touch to find out if you have the basis of a private prosecution case.
Our Services
Crime Prosecutors
Private Prosecution Services for Businesses & Individuals