Demystifying Private Prosecutions: When Individuals Seek Justice

Private prosecutions are an important aspect of the criminal justice system in the United Kingdom. While most criminal prosecutions are brought by public authorities such as the Crown Prosecution Service (CPS), there are circumstances where individuals or organizations can initiate criminal proceedings themselves. In this blog post, we will explore the concept of private prosecutions, their advantages, and how they can be utilized to seek justice in certain situations.

What is a Private Prosecution?

A private prosecution is a legal action initiated by an individual or organization (known as the private prosecutor) to bring criminal charges against another person or entity. It is a way for individuals to seek justice when public authorities decline to prosecute or fail to adequately address a criminal offense.

Private prosecutions are governed by the Prosecution of Offences Act 1985, which sets out the procedural requirements and safeguards for private prosecutions. The private prosecutor must follow the same legal process as any other prosecutor and must prove the guilt of the accused beyond a reasonable doubt.

Advantages of Private Prosecutions

Private prosecutions offer several advantages over relying solely on public authorities:

Flexibility and Control: In a private prosecution, the private prosecutor is in control of the case. They have the freedom to decide whether to prosecute, which charges to bring, and how to present the evidence. This level of control allows individuals to ensure that their case receives the attention it deserves.
Access to Justice: Private prosecutions provide a means for individuals to seek justice when public authorities are unable or unwilling to take action. This is particularly important in cases where the offense directly affects the private prosecutor or their loved ones.
Accountability: Private prosecutions can hold individuals or organizations accountable for their actions, even when public authorities may not prioritize or have the resources to pursue the case. They provide an avenue to hold wrongdoers responsible and deter future misconduct.

When to Consider a Private Prosecution?

Private prosecutions can be considered in various situations, including:

When public authorities decline to prosecute or decide that the evidence is insufficient.
When a public prosecution is ongoing, but the private prosecutor believes additional charges should be brought.
When public authorities fail to adequately address a criminal offense, leaving the victim without recourse.

It is important to consult with legal experts to determine the viability of a private prosecution in your specific case.

Process of Initiating a Private Prosecution

Initiating a private prosecution involves the following steps:

Gathering Evidence: It is crucial to collect sufficient evidence to support the prosecution. This evidence must be admissible in court and should be obtained lawfully.
Legal Advice: Seek expert legal advice to assess the viability of a private prosecution, gather necessary documentation, and develop a coherent legal strategy.
Applying to the Court: A private prosecutor must apply to the court for permission to bring a private prosecution. This involves submitting an application along with the evidence and paying the necessary fees.
Review by the Court: The court will review the application and determine whether it meets the necessary legal requirements. If approved, the private prosecution can proceed.
Conducting the Prosecution: The private prosecutor will present their case to the court, following the same procedures as a public prosecutor. The accused will have the opportunity to defend themselves, and the court will make a judgment based on the evidence presented.

Seek Justice With SQE Criminal Law & Practice Law UK

At SQE Criminal Law & Practice Law UK, we understand the complexities of private prosecutions and their importance in seeking justice. Our team of expert solicitors is equipped to guide you through the process, ensuring that your case receives the attention it deserves.

If you are considering a private prosecution or require legal advice, our SQE-trained solicitors are here to help. Contact us today to schedule a consultation and explore your options.