Private Prosecution Solicitor

Private Prosecution Solicitor

Reeds Solicitors specialise in advising and guiding clients through the process of private prosecutions when the Police or Crown Prosecution Service choose not to pursue a criminal case, ensuring your search for an experienced private prosecution solicitor ends here.

With cost recovery available in these situations, individuals and businesses can exercise their right to pursue private criminal actions, knowing that at the end of the case they are able to recover some or all of the cost of bringing the private prosecution even if the defendant is found not guilty.

If you feel that you may have a valid case against another individual or business, our expert private prosecution solicitors can assess its merits and provide advice on the potential success of any prosecution. Should you decide to proceed, we will serve as your dedicated private prosecution solicitors throughout the process.

Reeds is a leading law firm, and our solicitors are experienced in Private Prosecution matters. Our team of experienced lawyers is dedicated to providing effective legal representation for individuals and businesses seeking justice through private prosecution.

If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.

Why Choose Reeds for a Private Prosecution Solicitor?

Our team of experienced lawyers has a proven track record of success in private cases. We understand the complexities of the legal system and have the expertise to navigate the process and achieve the best possible outcome for our clients.

Our approach is tailored to the unique circumstances of each case. We work closely with our clients to understand their needs and objectives and develop a strategy that is designed to achieve their goals. We are committed to providing our clients with the highest level of legal representation and support throughout the entire process.

Our Private Prosecution Service

At Reeds Solicitors we can help you at any stage of a private prosecution. This includes:

  • Advising on the merits of a potential case.
  • Preparing and filing private prosecution applications.
  • Representing clients in hearings and trials.
  • Advising on the recovery of costs and compensation

Contact us today if you are considering this process and would like to discuss your options with an experienced legal team. We may be able to offer a free initial consultation and are committed to providing our clients with the best possible legal representation. Our private prosecution solicitors take on cases throughout England and Wales.

Let us help you through the process.

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.

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FAQ

Private Prosecution is a legal process that allows individuals or organisations to bring criminal charges against another person or company. This is usually done when the authorities have failed to take action.  Due to insufficient funding and limited resources, law enforcement agencies such as the police and the Crown Prosecution Service must prioritise the cases in which they pursue charges to court. However, a private prosecution can circumvent these constraints by allowing individuals or organisations to pursue a prosecution independently using specialist private prosecutions solicitors.

Private prosecution can be started by anyone. Individuals, victims, organisations, or businesses. This is not possible in cases which require the consent of the Director of Public Prosecutions or the Attorney-General. A list of cases which require approval include:

  • Agricultural Credits Act 1928; s.10(3)
    • Requires Consent of Attorney General (AG) (s.10(3))
  • Agriculture & Horticulture Act 1964; offences in Part III
    • Requires consent of AG or Secretary of State (s.20(3))
  • Agricultural Land (Removal of Surface Soil) Act 1953
    • Requires consent of Director of Public Prosecutions (DPP) or AG (s.3)
  • Agricultural (Miscellaneous Provisions) Act 1954 s.9(5), s.9(6)
    • Requires consent of DPP or Local Authority (s.9(7))

Cases that are suitable for a private prosecution include:

  • Where the alleged crime has been committed in the UK.
  • Where the alleged offender is known, and they are resident in the UK.
  • Where there is or will be sufficient evidence to prove the crime has been committed.
  • Where the police or Crown Prosecution Service have declined to pursue the matter or there is a reasonable explanation for not asking the police or Crown Prosecution Service to pursue the matter.
  • Where there is no illegitimate or improper motive for bringing the prosecution.

  • The police or Crown Prosecution Service have refused to prosecute.
  • To seek accountability and to act as a deterrent against future similar behaviour.
  • To protect the public or act in the public interest.
  • A civil action is not viable.
  • To recover the offender’s profit from their criminal conduct.
  • It can be quicker and more cost-effective way of seeking redress, especially for businesses.
  • When an employee has committed theft or fraud.
  • When there has been perjury or an attempt to pervert the course of justice.
  • To pursue a group prosecution, where there is evidence of multiple victims of offending by one company.
  • To maintain control over how a prosecution is conducted.
  • To instruct lawyers of the calibre of your choice.

Private prosecutions are carried out under strict legal rules like public prosecutions undertaken by the Crown Prosecution Service or other prosecuting authorities.

All private prosecutions start in the Magistrates’ Court and, depending on the type of the alleged offence and the facts of the case, the matter may be dealt with in the Magistrates’ Court or by the Crown Court.

If a conviction is obtained, the court can exercise its powers to jail the offender, confiscate their proceeds from crime, where the offender has financially benefitted from their offending, order that they pay compensation to the victim and the offender will be left with a criminal record.

Private prosecutions are suitable for those (individuals or companies) who have been the victims of crime. Victims of Fraud or a party to a commercial dispute that involves criminal conduct in particular can find that prosecuting privately is cheaper and quicker than civil litigation.

Private prosecutions have been taken out by individuals and businesses, charities, (such as the Royal Society for the Prevention of Cruelty to Animals), or organisations (such as the Federation against Copyright Theft), and regulators (such as local councils and the Financial Conduct Authority).

Any case where the Police or CPS have refused to investigate or prosecute could be suitable for a private prosecution subject to:

  • a crime having been committed in the UK.
  • there being sufficient evidence.
  • the alleged offender is identifiable and resides in the UK or the business is registered in the UK.
  • evidence to prove the offence is available or has been obtained.
  • the police/CPS have refused to investigate/prosecute or would not do so if asked.
  • the individual or business seeking to bringing the prosecution is acting in good faith and is not acting purely out of self-interest.

There are benefits for a private prosecution. Prosecutions tend to be faster and more efficient going through private channels than through the public prosecution process. In some cases, a person or company may further a private prosecution where the police or CPS have refused to investigate or take the matter forward to prosecution. It is sometimes the only way to bring about a prosecution where a public prosecution has not been commenced.

The prospect of recovering costs even if the case is ultimately unsuccessful is another reason why someone may decide to prosecute privately.

Any cases which have not been taken further by law enforcement or Crown Prosecution Service can be furthered by an individual or a company as a private prosecution.

We have seen private prosecutions including the following matters:

  • Victims of fraud, forgery and general crime offences.
  • Individuals who have suffered losses due to false testimony during legal proceedings.
  • Legal proceedings against medical professionals in the event of the death of a loved one.
  • Fire safety failings furthered by authorised fire authorities.
  • Businesses safeguarding their intellectual property through criminal enforcement.
  • Organisations who act against dishonest or fraudulent employees.

It is strongly advised to seek independent legal advice from a qualified lawyer if you are considering a private prosecution. If you require legal representation, then you would need to pay a lawyer to represent you in the case.

Private Prosecutions require specialist solicitors who are familiar with the requirements, including the Code for Crown Prosecutors and, by way of example, the rules on disclosure.

 

Commencing a private prosecution can mean significant costs, as there is no Legal Aid to support you. We can help mitigate some of these costs by ensuring that the process is as planned and streamlined as possible, and the investigation is swift and efficient.