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05 December 2025 / Niall Hearty
Issue: 8142 / Categories: Features , Profession , Fraud , Criminal
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Time to go private?

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Niall Hearty on why private prosecutions have become increasingly popular
  • Private prosecutions are on the rise as stretched public authorities and growing fraud push more people to seek their own route to justice.
  • Success depends on expert guidance, swift evidence gathering and a clear assessment of whether this route is truly the best option.

There are few aspects of legal life that are not fully recorded, reported on and capable of being assessed through stacks of statistics. But private prosecutions appears to be one.

While there is no database that gives figures for the number of private prosecutions brought each year, the anecdotal evidence indicates this has been an expanding area of law for over a decade.

Just as there is no set of figures to detail the scale of the rise in private prosecutions, there is also no single, clear-cut reason for that increase. It can be argued, with some justification, that cuts to police and Crown Prosecution Service (CPS) funding have led to many people looking

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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