Adrian Powell, Senior Partner at Proelium Law LLP and Solicitor, demystifies complex subjects through legal blogs.
Private prosecutions are nothing new. We all understand the traditional model, where the police arrest someone for a criminal offence and then the Crown Prosecution Service (CPS) prosecutes the individual or group in the magistrates or crown court.
Less well known is that there has always been an option to bring a private prosecution. What this means is that if an individual or a company wants to prosecute someone for a criminal offence, it is entirely possible to do so without using the police or the CPS.
As you might imagine, it is not quite as simple as that – all the same standards have to be adhered to that the police and the CPS follow, and of course it will cost to instruct a law firm to do it. But the outcome, such as a prison sentence or community service are all still on offer if the prosecution is successful.
So why bother with this route?
The police and CPS are at full stretch and simply may not have the capacity to prosecute. Further, even if they do investigate or prosecute, the way the person is dealt with may not be to your satisfaction if you are the victim of a crime. In addition some cases are simply very complex and the police or the CPS may not have the skills to deal with the case. A private prosecution also adds an additional option to your armoury if you are considering civil litigation.
The good thing is that there is the potential to recover your costs (including the cost you may have incurred on a private investigator) as well as make applications under the Proceeds of Crimes Act to recover assets or cash that have been accrued as a result of criminal conduct.
Note also that private prosecutions mean that, in cases where the police or CPS are not interested or unable to deal with the matter, a criminal litigation solution remains where previously the only available option you may have been aware of would have been suing the other party through civil litigation.
Do get in touch if you think this may be an option for you.
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