Private Prosecutions Update - Procedure, Legislation & More

Introduction

There is a right to prosecute privately and for some victims of crime, it is the only way forward in the face of public sector unwillingness to prosecute.

Bringing proceedings privately gives the victim a degree of control over matters which would be lacking if the matter were left to the CPS, SFO or other authority. This is especially valuable where remedies such as confiscation are sought.

Private prosecutions are also often the only remedy in intellectual property and white-collar fraud offences. Equally, private individuals are turned away by the police and are increasingly seeking a remedy which a private prosecution can afford. Campaigners and protestors are resorting to private prosecutions where the State has failed to intervene in environmental cases such as river pollution.

Recently, private prosecutors have been criticised by judges; in one case referred to the SRA, police and HMRC. Others have been refused costs out of central funds; a practice previously considered to be almost sacrosanct. Launching a private prosecution now requires more consideration to minimise the risks of attack or lack of recovery of costs. Recently, the Supreme Court has ruled Defendants with Restraint Orders can use assets to pay legal costs in some situations and the course covers this consideration.

This four-hour virtual classroom seminar will consider the statutory framework for private prosecutions and up-to-date case law. It will look at the benefits and risks of a private prosecution, particularly recovery of costs and persuading the court to issue in the first place.

Where the Police, Crime, Sentencing & Courts Act 2022 or the Judicial Review & Courts Act 2022 have implemented changes to legislation, the course will include these updates where relevant to subject matter.

What You Will Learn

This live broadcast will cover the following:

• Who can prosecute privately?
• What are the impediments to starting a private prosecution?
• Investigating offences - joint police /private investigations of offences - powers of private prosecutors
• Issuing proceedings
• Have you got sufficient evidence to proceed?
• Must you show there is a public interest in proceeding?
• Should we begin civil proceedings too?
• CPS power to stop a private prosecution
• Challenges to private prosecutions by defendants
• Allocation and the consequences for recovery of costs
• Can a defendant spend restrained assets on legal fees?
• Can I recover my costs from central funds or the defendant?
• Can I keep material confidential?
• What evidence do I need for a sentencing hearing?
• Ancillary orders

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.