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Private prosecutions

In an age when cut backs to the CPS and Police are a standing order, Private Prosecutions are becoming a much more popular, successful and affordable means of securing justice for the individual or company.

So many times one hears how the police were called and nothing was done, often due to lack of resources. A decision not to prosecute by the authorities does nothing to relieve the stress and trauma of being a victim of crime, whether it be physical, emotional, mental or financial.

Instructing expert counsel to advise and represent your interests is remarkably straight forward whether making such an arrangement by way of Direct Access or through the solicitor of your choice. Even if you don’t have a solicitor to instruct, we can put you in touch with extremely efficient and experienced ones.

There are a number of advantages as to why you should consider a Private Prosecution which include:

  1. Costs. You are able to claim your costs back from the court, whether you win, lose or withdraw the proceedings. Your costs will be assessed by the court and a ‘reasonable’ amount will be paid. Equally, unlike civil proceedings, you will generally avoid paying opponent’s costs if you lose. If you win, on the other hand, a Private Prosecutor may apply to the court for an award of costs against the accused incurred in the proceedings including those at the investigation stage and in the proceedings (s.18 Prosecution of Offences Act 1985).
  2. Access to Justice quicker. The ‘laying of an information’ at the Magistrates Court is a speedy and simple process and far quicker than civil proceedings.
  3. If your proceedings are financially orientated, you can apply for a pre charge asset freezing “Restraint Order”.
  4. Similarly, at the end of successful proceedings, in the appropriate cases you can apply for a confiscation and/or compensation order on conviction. If the defendant fails to pay and satisfy the order, they can be sent to prison in addition to any other existing penalty.
  5. And finally, you would have regular access to YOUR chosen lawyer.

Please feel free to contact our clerks, whose details are on our website, in order to arrange an initial consultation to discuss the merits of your case.