A private prosecution is a legal or criminal case brought by an independent person, organisation, or body. Unlike public cases, it is the individual’s responsibility to gather evidence, file the case, and present it to the court. The individual and the case must comply with the same or similar legal requirements and procedures as public-initiated prosecutions. Although this type of prosecution isn’t as common, it can be effective in certain circumstances. Davis Law of Buckinghamshire has created a helpful guide on private prosecution, explaining how it works, its advantages, and other essential considerations.
How Do Private Prosecutions Work?
Private prosecutions are held to the same or similar standards as public and state-initiated prosecutions. Their primary steps include the following:
- Gather Evidence: The private prosecutor collects evidence to prove that a crime has been committed and to establish the accused’s responsibility. Examples of evidence include witness statements, documents, photographs, and videos.
- File the Case: After sufficient evidence has been gathered, the private prosecutor will draft and submit legal documents to the court, including a written charge. If the courts approve the filing, the prosecution will be initiated.
- Present the Case to Court: Once the case is accepted, the private prosecutor will then present it. This includes presenting evidence and arguments against the accused in an attempt to prove that they committed a crime.
The Advantages of Private Prosecution
Private prosecution can offer many advantages over public prosecution, including the following:
- Greater Control: From gathering evidence to presenting cases, the approach of private prosecution is much more hands-on. It gives the private prosecutor more control over the proceedings.
- Faster Proceedings: Cases processed through the Crown Prosecution Service (CPS) often encounter time-consuming bureaucratic obstacles due to limited resources. Private prosecution can sidestep these obstacles, making the process faster and less resource-intensive.
- Alternative to Traditional Prosecution: In many cases, public prosecuting bodies will not proceed with prosecutions, bringing them to a halt. Private prosecuting provides a way forward if public bodies refuse to do so.
Bringing a Private Prosecution – What Are the Steps?
The following steps are essential to ensuring your prosecution is viable:
- Get Legal Advice: Though private prosecutions are independent in nature, you should still seek professional legal guidance. Consult with a solicitor with expertise in private prosecution to assess the strength and viability of your case.
- Collect Evidence: Your case’s success and chances of a favourable outcome will depend heavily on the strength of your evidence. The court will only proceed with the prosecution if the prospect of conviction is realistic.
- Follow Legal Procedures: You must never forget that your case will be held to the same standards and rules as public prosecutions. That is why following proper procedures is essential. Your solicitor can ensure your case follows procedure from beginning to end.
Private Prosecution vs. Public Prosecution – Key Differences
Private and public prosecutions are held to the same or similar legal standards. However, they differ in a few critical ways, including the following:
- Funding: Complainants are usually responsible for funding their private prosecution. On the other hand, public prosecutions are typically funded by tax money.
- Control: Private prosecution is handled by the independent body and its legal team. Government-appointed prosecutors oversee public prosecution.
- Responsibility: The strength and viability of a private prosecution rests almost entirely on the complainant and their legal counsel, whereas government bodies and prosecutors are responsible for public prosecutions.
The Risks and Challenges of Private Prosecution
Though private prosecution might be a suitable option for some, it can still pose risks that should be carefully considered. These potential risks include the following:
- High Legal Costs: Since funding for private prosecutions falls almost entirely on the complainant, they can potentially cause enormous financial risks. If you want to pursue private prosecution, ensure you have the financial stability to overcome delays and bureaucratic obstacles.
- Potential Case Dismissal: Because of limited resources and other pressing legal priorities, the CPS often dismisses private prosecution cases. If you proceed with this approach, you may spend a significant amount of time, effort, and money only to have your case completely dismissed.
- Complexity and Complication: Like with any prosecution or legal action, navigating the complexities and challenges of the law can be time-consuming and complicated. If you’re not a legal expert, it will take you time and patience to navigate and understand the concepts of prosecution.
Why Consider Private Prosecution – Is It Right for You?
If you’re considering private prosecution, it’s crucial to weigh the benefits against its risks. Doing so will help you determine if it’s the ideal option for you. Here are the factors that could make private prosecution the right course of action for your case:
- Lack of Action by Proper Authorities: The CPS may refuse to pursue or take action on your case. If this happens, then private prosecution will allow you to pursue it yourself.
- Specialised Cases: Certain types of crimes or offences, such as fraud, are highly specialised. In these cases, independent investigation and prosecution may be the most suitable option.
- Control over the Prosecution: With private prosecution, you’ll have greater control and power over the proceedings, including decisions about evidence and whether to continue or withdraw the case.
Choose Us for Your Private Prosecution Today
Private prosecution provides a means for private bodies to initiate legal action when public authorities are unable or unwilling to do so. It gives the prosecuting party more control over their case. It can often secure them justice more quickly than a public prosecution. Though private prosecution is independent, having professional legal counsel at your side to help and guide you is critical. Davis Law of Buckinghamshire specialises in private and commercial law. Some of our areas of expertise include civil and criminal litigation, as well as corporate and international law. If you want to pursue a private prosecution, please contact us. Our team will provide you with personalised legal services that produce favourable results.
FAQs
What is the Cost of Private Prosecution?
The cost of a private prosecution may depend heavily on the complexity of the case, the type of offence, and the cost of legal representation. Other factors that may affect your final costs include:
- Investigation Costs: Hiring investigators and gathering and reviewing evidence takes time and money.
- Legal Fees: These are the fees paid to the solicitor and barrister.
- Court Fees: This may include administrative costs, such as filing your case.
Why Bring a Private Prosecution for Fraud?
There are many advantages and benefits to pursuing private prosecutions for fraud and other financial crimes. They include the following:
- Pursuit of Justice Guaranteed: If the police fail or refuse to pursue your case, then private prosecution will allow you to do so yourself.
- Possible Cost Recovery: If your case is successful, the convicted defendant may be required to pay your costs. If it is unsuccessful, you may be able to recover your costs through the Crown Court or central funds, provided that you meet specific criteria.
- Quicker Cases: Generally, private prosecution cases are heard and processed faster than civil cases.
What Powers Do CPS Have Over Private Prosecutions?
Typically, the CPS has the authority to do the following during private prosecutions:
- Take over and assume control of the case at any time.
- Continue or discontinue the case. Reasons for stopping the case can include a lack of sufficient evidence or a determination that the case is not in the public interest.
- Review the case to determine if it is being conducted in accordance with the rules, regulations, and procedures.
Can the CPS Stop My Private Prosecution?
Yes, it can. But only in certain circumstances. These include the following:
- Insufficient Evidence: When the evidence gathered and presented does not meet the legal threshold or standards.
- Not in Public Interest: They deem the case harmful, unnecessary, or unsuited to the public’s best interests.
- Abuse of Prosecution: They find that the prosecution has acted unlawfully, improperly, or maliciously during the investigation or prosecution.
Can I Bring a Private Prosecution Alongside a Civil Action?
Yes, it is possible to pursue both private prosecution and civil action simultaneously. However, we recommend considering the following before doing so:
- Different Purposes: The purpose of civil action is to seek financial compensation, whereas public prosecution is for holding the defendant criminally responsible.
- Timing of Actions: Ensure that you time and coordinate your civil action and private prosecution so they don’t interfere or complicate one another.
- Legal Counsel: You should always have professional legal guidance for both civil actions and private prosecutions. Doing so will enable you to navigate both without compromising them.