NLJ this week: The rise—and risks—of going private

Cuts to police and CPS resources, coupled with the explosion of fraud (now the most common offence), have encouraged victims to seek their own route to justice.

Yet Hearty cautions that private prosecutions are no universal solution: they demand swift evidence-gathering, strategic assessment and specialist expertise, particularly in complex, multi-jurisdictional fraud. Recent government concern—including consultation following the Post Office scandal and proposals in the Victims and Courts Bill to cap recoverable costs—signals mounting scrutiny of this increasingly prominent sector.

Hearty warns that poorly judged private prosecutions risk being counterproductive. Success depends on meticulous management, from initial evaluation to courtroom presentation, and may even prompt CPS intervention if the public interest demands it.