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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
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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