Private Prosecution Solicitors
A private prosecution is often the fastest, most cost-effective, and sometimes only way to seek justice for the wrongs done by someone else. Organisations, businesses and individuals may all be in a position to take action by launching a private prosecution, and there are a few common reasons why you might consider this option. For a company, the most common application of a private prosecution is to bring legal proceedings against someone who has acted against the rights or interest of a company. For individuals, this approach may be applied where you do not feel the police have investigated matters properly or a decision has been made not to authorise a charge and bring criminal proceedings.
At JMW, our private prosecution solicitors are experienced in bringing private prosecutions on behalf of both businesses and individuals. We can help you to determine whether there is sufficient evidence to proceed by investigating your case and support you through all stages of the private prosecution legal process to try and deliver the justice you are seeking.
To speak to a specialist solicitor about making a private prosecution, get in touch with JMW today by calling 0345 872 6666, or fill in our online enquiry form and we will get back to you.
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What Our Clients Say
How JMW Can Help
JMW has one of the largest Business Crime and Regulatory teams in the country and we retain former prosecutors and previous members of enforcement bodies. We also work with external specialist investigators and leading barristers with experience of prosecuting at the highest level, to maximise the chances of a successful outcome. With a proven track record of success, we can help you to understand the legal process and your chances of success before you commence proceedings.
We have extensive knowledge of private prosecutions brought by businesses and individuals, and of the law in this area. Our expert private prosecution solicitors have helped clients to pursue private prosecutions and obtain convictions across a range of offences. Our team is ranked in Chambers UK and the Legal 500 which is a reflection of the number of successful cases that we have dealt with.
Who Can Bring a Private Prosecution?
Our private prosecution solicitors have represented both individual and business clients to build robust cases. There are several key situations in which private prosecutors may be able to help where a public prosecution has not commenced or would not be effective:
Businesses
For a company, bringing a prosecution could be a faster and cheaper alternative to taking civil action when redressing suspected fraud, theft or other offences of dishonesty. As an example, a company could choose to commence a criminal investigation as a good deterrent and also seek to recover its costs from central government funds. In addition, where it can be shown that a person has financially benefited from their conduct, it is possible to ask the court to make a confiscation order.
Individuals
For individuals, bringing your own prosecution can sometimes be the only way to obtain justice when the police are too slow, are under-resourced, or simply lack the expertise or willpower to investigate and prosecute your case. Too often members of the public are told that something is a 'civil matter' when it is not, or the police decide to take no further action when the evidence merits a criminal prosecution.
Reasons for Starting a Private Prosecution
When an employee, director or associated company has committed theft or fraud
Companies can act against current or former employees, directors or associated businesses if there is sufficient evidence of criminal offences. Often, a company will want to take advice on the suspected criminal offences and at the same time conduct an internal investigation and follow a disciplinary process. If a conviction is secured and a defendant financially benefited, confiscation proceedings could then be commenced.
When the police have failed to investigate
Public confidence in the ability of the police to investigate lower priority crime is at an all-time low. Cuts to police funding and falling numbers of officers have resulted in high numbers of victims waiting months or even years for a decision or failing to have their cases actively investigated at all. We have advised many clients who have been told by the police that their complaint is a civil matter, when in fact it is a criminal one. Bringing your own prosecution with a private solicitor will almost certainly be faster than waiting for the police and Crown Prosecution Service and will give you more control than you would otherwise have over the direction and duration of the case.
FAQs for Our Private Prosecution Lawyers
- How do I fund a private prosecution?
The reasonable costs of bringing a private prosecution may be recovered from central government funds but this is discretionary. Crowdfunding may also be an option if you have a cause that members of the public believe in, or if friends and family members want a platform to pool their contributions. Legal Aid is not available, and we do not offer a no-win-no-fee or deferred costs arrangement.
- Do I need to go to the police first?
There is no strict requirement to go to the police or any other authority before bringing your own prosecution, although it will usually be one of the first steps for a number of reasons. Some cases require the consent of the Director of Public Prosecutions or the Attorney General before they can be prosecuted. We will advise you of the best course, and whether permission is required to prosecute a specific offence.
- What are the typical costs of a private prosecution?
Private prosecutions range significantly in terms of costs, depending on the nature of the evidence to be provided, the length of the investigation and whether the case will take place in the Magistrates Court or the Crown Court. We will provide you with a clear costs budget following an initial review and meeting, and this will be updated regularly as the case progresses. We can also offer a fixed fee service in some cases. Speak to the team at JMW to learn more.
- Do I have to use a lawyer to bring a private prosecution?
No, the right to bring a prosecution is not dependent on having a lawyer. Bringing a prosecution can be difficult and very technical, so having a legally qualified team around you will reduce the chance of something going wrong. Many unrepresented private prosecutors find it extremely difficult to navigate the complex responsibilities, governing legislation and timetable imposed by the court. There can also be legal arguments relating to various matters including dismissing the case, disclosure or requests to have the case transferred to the Crown Prosecution Service with a view to it being stopped - from which very significant adverse costs consequences could occur.
- What if I can’t afford the whole prosecution?
If you cannot afford to fund the case to its conclusion, we can still assist you by putting together the evidence and representations to take to the police or Crown Prosecution Service. This will increase the chances that your case will be accepted and successfully prosecuted by the authorities.
Talk to Us
If you wish to explore the merits of a private prosecution, the business crime and regulation team at JMW is on hand to provide assistance. Contact 0345 872 6666 or fill in our online enquiry form and we will get back to you.
