Section 6(1) of the Prosecution of Offences Act 1985 permits a company or individual to bring a private prosecution. A person who brings a private prosecution must comply with the same law as public prosecutors, including the duty of candour. Special rules designed to enforce that duty applies to private prosecutors seeking to commence proceedings by way of summons.
A person convicted in a private prosecution is liable to the same punishment and other orders as they would be if the State prosecuted them, including imprisonment, compensation and confiscation and disqualifications.
Private prosecutions for very serious offences have become more common in recent years, with companies opting to take action against former trading partners, employees and directors for allegations such as fraud and breach of trust.
Lawyers at Bindmans have defended in a number of high-profile private prosecutions of this nature.
We have also advised on bringing private prosecutions from fraud, bigamy, and hate crimes to international crimes such as torture and war crimes. We have experience of obtaining arrest warrants for the arrest of former senior members of a government in relation to War Crimes.
Our private prosecution lawyers also advise NGOs about bringing prosecutions in public interest matters where the police either lack resources or the will to prosecute.
Superb in every department – they have an unshakeable commitment to their clients, they prepare cases meticulously and they use the law creatively to achieve the best outcomes. A model solicitors firm.Chambers and Partners
We are able to assist individuals and companies with private prosecutions in most areas of domestic and international criminal law.
Fraud and White Collar Crime
Serious Fraud Office
Bribery and Corruption
Investigative Interview under Caution
Dawn Raids (Emergency Service)
Companies Act Offences
Insider Dealing and Market Abuse
Bounce Back Loan Fraud