Private Prosecutions

Bringing Private Prosecutions

We understand and follow the ethical duties of prosecutors, ensuring fairness, integrity, and justice in all legal proceedings. We fully adhere to the principles established in the Code for Private Prosecutors issued by the Private Prosecutors’ Association

We have experience of advising and acting on all stages of the criminal process, including:

• General investigations – conducting investigations or working with private investigators to ensure all evidence obtained is admissible and all reasonable lines of enquiry have been exhausted;
• Financial crime investigations – we work with experienced financial crime investigators to locate assets and properties owned or used by defendants which can then be restrained, to understand complex corporate structures, and to examine financial records which may lead to the identification of further offences and offenders;
• Disclosure – ensuring all relevant material is recorded and retained, establishing protocols for the management of such material, and generally ensuring disclosure obligations are discharged;
• Charging and commencing proceedings – preparing the necessary paperwork for commencement of criminal proceedings, and lodging the ‘information’ in court and obtaining summonses;
• Pre-trial challenges – responding to all pre-trial challenges, most commonly around disclosure or admissibility of evidence, referral to the DPP or otherwise any abuse of process;
• Trial and sentencing – conduct of trials and attending sentencing hearings upon conviction;
• Costs – at the conclusion of the trial representing the interests of the prosecutor on costs applications or other ancillary applications.

Defending Private Prosecutions

Defending Private Prosecutions

Our Work

• Bringing a Private Prosecution: We acted in a private prosecution for a businessman who commenced proceedings against a retired KC who had falsified documents during the planning process.

• Judicial Review – Refusal to Award Costs:  We conducted a successful JR of a decision by a trial judge not to award costs out of central funds to the private prosecutor at the conclusion of the trial.

• Confiscation Proceedings for an Executive Non-Departmental Public Body: We have specialist expertise in the field of confiscation proceedings commenced by regulators. By way of example, in 2015 we were instructed by the Security Industry Authority to conduct criminal confiscation proceedings against two security company directors. On 1 September 2015 at the Old Bailey, the co-directors were ordered to pay confiscation totalling £666,697 under the Proceeds of Crime Act 2002.  This was following their respective convictions of supplying 33 unlicensed guards in relation to 10 separate contracts around the greater London area. Disqualification orders were also made against the defendants.

• Victims’ Right to Review: We have acted for a number of victims of crime to request a review of certain decisions by the CPS not to charge a suspect.  Most recently we have advised on the VRR scheme in relation to historic sexual offending committed against a vulnerable individual by a health professional who was part of her care team.

• Defending a Private Prosecution: We have advised and defended several cases involving family disputes over the rightful benefactor of a parent’s estate.

• Challenging the Laying of an Information: We have acted on behalf of an individual who received notice from a private prosecutor of their intention to prosecute him for a statement made in court proceedings.  The private prosecutor’s improper approach provided us with a valid reason to challenge the prosecution being commenced.