PRIVATE PROSECUTIONS

 

Private prosecutions can be brought by any individual or any company under section 6(1) Prosecution of Offences Act 1985 and proceed in the same way as any prosecution brought by the Crown. In many circumstances, a private prosecution can be swifter and more efficient than one brought by the police or one of the already-overloaded enforcement agencies. It can be the logical alternative if such agencies decide that they do not have the resources to devote to your case.

A private prosecution can be the best route to take, due to a number of reasons that we detail below. This can be the case when fraud or other wrongdoing is suspected in any professional or commercial activity, either within a workplace by a staff member or by an individual, company, financial institution or other organisation in the course of business transactions.

When it comes to business crime, Rahman Ravelli’s private prosecutions staff have accumulated awards and the highest national and international rankings in legal guides. They put their skill to work for you to advise you on whether bringing a private prosecution is the right decision. If the decision is made to bring a prosecution, they put their expertise and experience into building and executing the most robust, intelligent case for you.

We know bringing a private prosecution is a commitment. We ensure that commitment is worthwhile.

What are the benefits of bringing a private prosecution?

Every case is different. But speaking in general terms, there are a number of advantages to bringing a private prosecution.

Speed: We work with you and / or your company to bring a private prosecution and achieve a quick resolution. Taking this course of action can mean the matter is concluded in much less time than it may take the authorities to decide if they will investigate and then prosecute.

Priority: If you believe that a business crime has been committed against you or your company, it may be the case that the law enforcement agencies lack the resources to investigate it. They may believe that that they either cannot devote the time to your case or lack the relevant expertise. In such circumstances, your case will not be viewed by them as a priority. But by bringing a private prosecution you ensure that it is a priority.

Cost: What has to be remembered when bringing a private prosecution is that, regardless of the outcome, the costs – or at least some of them – can be recovered from the state. There is the possibility of applying for investigation and legal costs from central government funds. This can mean that a private prosecution is a cost-effective option for an individual or company that wishes to see justice done but has a limited budget.

Input: A private prosecution enables you to determine the pace of the investigation. It also means that you are able to have a huge input in shaping its course and in identifying the issues and evidence that are relevant to it. You are not constrained by the outlook of the police or other enforcement agency.

Outcome: A conviction that is the result of a private prosecution can see the person convicted receive the same punishment as they could have done if they had been prosecuted by the Crown. Bringing a private prosecution can secure the outcome you were seeking without having to rely on the authorities.

Deterrence: When a private prosecution brought by an individual or company results in a conviction, it can send out a strong deterrent message to anyone that may have considering similar wrongdoing. A successful private prosecution and the publicising of the penalties that result can make clear the dangers of attempting such offences in the future.

Who pays for a private prosecution? If a private prosecution is successful it is possible to request that the court makes a confiscation order as well as a compensation order to ensure that any losses incurred by the crime are repaid.