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20 April 2018 / Matt Bosworth
Issue: 7789 / Categories: Features , Intellectual property
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Time to adopt a private prosecution policy?

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Private prosecutions are taking off as a useful way to protect your brand & products, as Matt Bosworth explains

  • The era of the corporate Private Prosecution is firmly established.
  • An all-encompassing brand protection strategy is required in many industries.

The concept of the Private Prosecution, that is an action brought by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority under section 6(1) of the Prosecution of Offences Act 1985, is not one that is new to the law in England and Wales, with those rights having been long established.

The use of Private Prosecutions has attracted interest from the business world because of the Metropolitan Police Crime Assessment Policy of 2017 that set out how the police may:

  • no longer investigate low level crimes including public order offences, shoplifting, and criminal damage under the value of £200
  • impose a 20 minute limit on examining CCTV for ‘petty’ crimes

These

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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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