PRIVATE PROSECUTIONS

PRIVATE PROSECUTIONS: A POTENTIAL ALTERNATIVE TO OBTAINING JUSTICE

A private prosecution can be an effective alternative method to obtaining justice. At Gherson, we provide tailored and effective advice on whether bringing a private prosecution is the right course of action for you. We also have extensive experience of defending these types of cases.  Our experienced team offers tailored solutions to help you navigate this process confidently and efficiently and ensure that any private prosecutions are conducted in compliance with all legal obligations.

WHY BRING A PRIVATE PROSECUTION?

The right to bring a private prosecution is found in section 6(1) of the Prosecution of Offences Act 1985. Anyone, including an individual or a company, has the right to bring a private prosecution once an offence has been committed.

There are various benefits to bringing a private prosecution, including:

• Speed: One advantage is the speed at which you can achieve an effective resolution. A private prosecution can often resolve matters far more quickly than waiting for public authorities to decide whether to investigate and pursue charges.
• Attention: When a financial crime is committed against you or your organisation (for example), public law enforcement may not have the time, capacity or specialist knowledge to pursue it. As a result, your case may not be prioritised. By taking action privately, you ensure it receives the attention it deserves.

OTHER BENEFITS TO A PRIVATE PROSECUTION

• Costs: It is important to note that in many cases, some or all of the costs incurred in a private prosecution can be reclaimed from the state, regardless of the outcome. Funding may be available from central government sources to cover investigative and legal expenses, making private prosecutions a financially viable route for those seeking justice on a limited budget.
• Control: Private prosecutions give you greater control over the direction and speed of the investigation. You can play an active role in identifying the relevant issues and evidence, rather than being bound by the approach or priorities of the police or regulatory bodies.
• Justice: A conviction resulting from a private prosecution can carry the same legal weight and penalties as one secured by the Crown Prosecution Service. This means you can achieve meaningful justice without relying on the state to bring proceedings.

HOW GHERSON CAN HELP

At Gherson we provide expert criminal law advice when conducting private prosecutions. We are committed to upholding the ethical responsibilities of prosecutors, promoting fairness, honesty and justice throughout every stage of the legal process. Our approach aligns fully with the standards set out in the Code for Private Prosecutors issued by the Private Prosecutors’ Association. In addition:

1. Our team has experience in providing advice and representation across all phases of the criminal justice process.
2. We have experience in leading inquiries and collaborating with private investigators to ensure that evidence is lawfully obtained, properly documented and that all reasonable investigative avenues are explored.
3. We also partner with experts to trace assets and property linked to suspects, examine intricate corporate structures and review financial documentation that may reveal additional offences or individuals involved.
4. We draft and submit the required legal documents to initiate a criminal case, filing the ‘information’ with the court and secure the issuance of summonses.
5. We also provide support to individuals or entities facing the threat of private prosecution.

WHY CHOOSE GHERSON?

• Specialist Expertise: Our team has extensive experience, from both a prosecutorial and defence perspective, handling matters involving criminal allegations.
• Tailored Strategies: We provide bespoke legal solutions based on your unique circumstances.
• Comprehensive Support: From initial advice to court representation, we guide you through every stage of the process.

CONTACT US

If you need advice on commencing a private prosecution or are facing a private prosecution, contact Gherson today. Our expert team is ready to provide strategic legal support and defend your interests.