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Private Prosecutions – what are they? Zulfiqar Meerza
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rivate Prosecutions are prosecutions not brought by the Crown or other statutory prosecuting authorities (such as the Crown Prosecution Service (CPS)). A private prosecution can be brought by any individual or entity who is not acting on behalf of the police or other prosecuting authority, and who has been the victim of the alleged criminal acts committed against them by others. The right to bring a private prosecution is expressly reserved under section 6(1) of the Prosecution of Offences Act 1985. Other than the fact that the prosecution is brought by a private individual or entity, for all other purposes they proceed in exactly the same way as if the prosecution had been brought by the Crown. There are some limitations on bringing a private prosecution, such as the Director of Public Prosecutions (DPP) having the power to take over private prosecutions and, in some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings. In principle, there is nothing wrong in allowing a private prosecution to run its course through to verdict and, in appropriate cases, sentence. However, there will be instances where it is appropriate for the relevant prosecuting authority to take over the prosecution to either continue it, or to discontinue or stop it. There are many advantages in choosing the option to privately prosecute and one of the strengths of private prosecution is the ability to have more control over the proceedings. You also have the added benefit of potentially gaining a faster turnaround and final outcome. In cases of private prosecution, you do not have to wait for the police or the CPS to deal with your proceedings if the case is not classed as high priority, which can be the case more often than not in criminal or civil proceedings. Saving time in many cases means saving money, which again is a major advantage of private prosecution.
ways to obtain evidence via alternative routes. One of the major pitfalls in bringing a private prosecution is potentially being more susceptible to claims of abuse of process due to there being more scope for scrutiny, and room for questioning the initiation and conduct of a private prosecution than a public prosecution. However, obtaining sound legal advice from private prosecution specialists will definitely help to avoid and navigate through any potential pitfalls. Despite some of the disadvantages of bringing a private prosecution, they are more often than not quicker, focused and more efficient than public prosecutions. The disadvantages only really exist for those who ignore the Code for Crown Prosecutors, the Criminal Procedure Rules (CPR), are driven by inappropriate motive and proceed contrary to the public interest. As long as the private prosecutor can show from the outset efficiency, an independence of mind, objectivity, coming to court with clean hands and offering full and frank disclosure, bringing a private prosecution is an attractive way to seek justice and is most certainly something that is on the rise in the UK legal space. ■
Zulfiqar Meerza
Principal Investigative Lawyer UK Serious Fraud Office (SFO) Please note that this article has been written by the author in a personal capacity and not for or on behalf of the SFO.
A private prosecution is unique in the sense that you are effectively the complainant, the police, the CPS and Minister of Justice rolled into one. You will shoulder the costs and responsibility of the entire investigation, although you will have the ability to potentially reclaim costs incurred at the end of the case, and you will not have the various police powers at your disposal, such as applying for a search warrant or interviewing a suspect under caution. You will therefore have to find creative The Bill of Middlesex | 25
