Are you facing a private prosecution? If you have received a summons, you could risk being placed at a disadvantage if your case is not handled carefully. Our team of solicitors are specialists in defending private prosecutions.

 

Free Initial Telephone Discussion

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For a free initial telephone discussion, please call us on 020 7404 3004 or email info@ikpsolicitors.com and we'll be in touch shortly. We can help clients wherever you are based across England and Wales.

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We are available 24 hours a day, 365 days a year. If you require urgent assistance, please contact us on our emergency number on 07738 802993.

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What is a Private Prosecution?

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A private prosecution is a prosecution started by a private individual, business or organisation which considers itself to have been the victim of a crime and is not acting on behalf of the police or other prosecuting authority. The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985.

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Private prosecutions can be brought for a wide range of offences against the person, including sexual assaults, fraud, and theft for example.

 

Can the CPS Take Over a Private Prosecution?

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The CPS does not have to be notified of a private prosecution by the private prosecutor. However, the CPS may find out about a private prosecution and under section 6(2) of the Prosecution of Offences Act 1985, the Director of Public Prosecutions (DPP) can take over private prosecution proceedings.

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By reviewing the evidence, the DPP will then decide whether the CPS should take over the case or discontinue it by applying the following tests:

• Evidential Sufficiency Stage

• Public Interest Stage

• Whether there is a particular need for the CPS to take over the prosecution, for example the seriousness of the offence, the disclosure of highly sensitive material to name a few.

 

How Can We Help?

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Defending private prosecutions may be different to defending prosecutions brought by prosecuting authorities. We understand that this is a daunting process and our dedicated team is here to support you and guide you.

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From the outset, we will review your case thoroughly and advise you accordingly. In the first instance, we will establish the motives of the private prosecutor. Should the motives lack any validity or honestly, we will establish whether any compromise can be made so the prosecution can be avoided in the first instance.

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If no compromise is reached, we will seek to challenge the private prosecution via different routes should we deem your case lacks merit:

• By making an application to the DPP to review the evidence. This can be the most beneficial course of action for you, the defendant. The DPP will discontinue the case if it judges there is no realistic prospect of conviction or if it is not in the public interest,

• By making an application for judicial review of the decision to issue the summons,

• By making an application to dismiss the summons,

• By highlighting an abuse of process

 

Should your case proceed to trial, we will prepare your defence by identifying potential defence witnesses, instructing experts when necessary and collecting evidence on your behalf.

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We will take your detailed instructions and prepare your Defence case Statement to ensure the private prosecutor discloses all relevant material as required.

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We will scrutinise the conduct of the private prosecutor to ensure there is no abuse of process and if so, we will make an application to the Court.

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If you are acquitted, we will make the necessary applications for costs to be awarded to you.

 

Why Choose Us?

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Our Specialist Defence Team of Solicitors and Higher Rights Advocates have extensive experience in defending private prosecutions.

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We are based in the heart of London but we can also represent clients all over England and wales. Our practice has developed a reputation for excellence in all areas of our work over the years.  

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If you have received a summons, do not delay contacting us. It is important to act promptly as time limits can apply.

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Funding

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Legal Aid is not available for a private prosecution. We can offer you private representation. Please contact us to discuss your circumstances and obtain a free non-obligation quote.

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How to get in contact

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If you are facing a private prosecution, do not delay and contact us on 020 7404 3004. Our specialist defence solicitors can offer you a free initial consultation.

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All conversations will be dealt with confidentiality. Alternatively, email us at info@ikpsolicitors.com or complete our free online enquiry form https://www.ikandp.co.uk/contact-us 

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We are available 24 hours a day, 365 days a year. If you are due to attend Court imminently and require urgent assistance, please contact us on our emergency number on 07738 802993.

We can assist wherever you are based and have offices in central London.