Private
Prosecution
If you have been a victim of crime but have been shunned by public authorities, a private prosecution may be a viable option.
Public authorities such as the police are increasingly burdened beyond their capacity due to funding cuts and policy changes. You may have a strong case as a victim of crime, but the police or public authority may not be willing to take on your matter. This is where private prosecutions can provide victims of crime with a viable alternative route to achieving justice.
Examples of private prosecutions:
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Victims of fraud, cyber fraud, misrepresentation
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Perjury
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Common crimes such as robbery, assault, criminal damage
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Assisting alongside civil enforcement authorities to implement criminal enforcement
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Forgery
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Investigating and prosecuting dishonest employees for fraud
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Acting for regulators, such as professional bodies and local public authorities
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Taking action against medical professionals following death
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Intellectual Property and Copyright Law infringement
What we can do?
Our longstanding expertise is within all areas of Criminal Law. We have been involved in some of the most serious and complex crimes, including frauds. Our firm members have gained experience in both private prosecution firms and public prosecution authorities, such as the Serious Fraud Office.
We are able to review your matter and provide measured advice appropriate to your case and means.
We are here to assist whatever the nature of the offence you wish to prosecute. Once we are instructed, we would set out a step-by-step process for you, considering the following:
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Costs of a private prosecution, the merits, and alternatives to prosecuting. Perhaps civil litigation may be appropriate to achieve your aims.
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Initiating a private prosecution and collating evidence.
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Managing the investigation.
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Whether a pre-charge asset freezing “Restraint Order” under the Proceeds of Crime Act could be obtained.
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Assessing the strength of the evidence obtained, the merits of the case, drafting charges and obtaining a summons from the court.
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Manage disclosure of unused material to the Defence.
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Provide representation at all court proceedings and hearings.
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In the event a conviction is obtained, consider whether private confiscation proceedings under POCA are available, along with and other ancillary orders.