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09 December 2022 / Nicola Sharp
Issue: 8006 / Categories: Features , Profession
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Private prosecutions: strengthening the case?

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Nicola Sharp assesses the use of private prosecutions & the value of seeking expert advice
  • Explains how a private prosecution is brought and why bringing one can be the most appropriate option.
  • Outlines the extent to which there has to be a UK connection in order to bring a private prosecution.
  • Emphasises the need to seek advice to assess the strength of the case before bringing a private prosecution.

When Rahman Ravelli asked how many private prosecutions had been put before the Crown Prosecution Service (CPS) for review between 2017–22, we were guaranteed an answer. After all, the CPS was obliged to supply the information requested under the Freedom of Information (FOI) Act 2000.

Yet while it came, the answer was far from comprehensive. In its response, the CPS stated that, drawing on its manual records, it had reviewed 110 private prosecution referrals since 2019. But it added that it does not maintain an authoritative central record of the number of private prosecutions that the CPS had actually

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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