What is a Private Prosecution?
A private prosecution is a criminal prosecution initiated by a private individual or entity rather than a public prosecuting authority (e.g., the CPS) or law enforcement authority (e.g., the Police).
The right to bring private prosecutions in England & Wales is preserved by Section 6(1) of the Prosecution of Offences Act 1985.
A private prosecution is NOT a civil action but a criminal prosecution brought through the criminal courts. These offer an important remedy for those who seek justice against criminal conduct that has affected them or their business in a time when law enforcement resources are stretched.
Who can bring a Private Prosecution?
Any person holds the right to initiate a private prosecution.
These are usually initiated by individuals, companies, charities or corporate entities who believe they have been the victim of criminal behaviour.
Litigation in private prosecutions must be conducted by recognised legal professionals on behalf of the private prosecutor. These are usually legal firms who specialise in this area of the law and funded by the individual or entity initiating the prosecution.
