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A Briefing Guide to Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Private Prosecutions: Putting Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned In Your Hands We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution Rahman Ravelli has been recognised worldwide for its action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and ability and achievements in the fields of serious and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. white-collar crime. Our private prosecutions (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions department puts all that expertise to work for those Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. who want to seek justice for themselves. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands Private Prosecutions and against three individuals for assault was relevant material which does not form The Private Prosecution Evidence can include witness statements potential witness produce material or give • The application of these criteria Initial Court Proceedings Obtaining Justice Speed Input Civil Litigation discontinued by the DPP. The Supreme Court part of the prosecution evidence in the Process from all relevant individuals and evidence about information held in requires skilled and detailed analysis of held that taking over a private prosecution to case. Material is deemed to be relevant if it documentation, data and any other items confidence. the evidence. No two cases will be If the Full Code test for prosecutions is satisfied A private prosecution, when planned We work with you and / or your company A private prosecution enables you to At Rahman Ravelli, we are adept at discontinue it was lawful and did not remove could have a bearing on the case. If any of A private prosecution, as with all criminal that relate to the allegations. Witness identical and each will require careful an application for a summons will be prepared properly and conducted intelligently and to bring a private prosecution and achieve determine the pace of the investigation. It also managing all aspects of civil litigation. We the right to bring a private prosecution under the material undermines the prosecution proceedings, begins with information about statements that form part of the Careful thought should also be given to the scrutiny in order to determine and heard in the magistrates’ court. This will be robustly, can bring great benefits. Not to a quick resolution. Taking this course of means that you are able to have a huge input can advise you on whether a private section 6 of the Prosecution of Offences Act case or assists the defence case it has to the alleged offence and the relevant legislation prosecution case must be served on the use of experts. The likes of forensic whether it meets the requirements of done with solicitors in conjunction with mention justice. Such a prosecution action can mean the matter is concluded in shaping its course and in identifying the prosecution – which is criminal litigation – 1985. be given to the defence to ensure being put before a magistrates’ court. The defendant once proceedings have been accountants and those specialising in the Test. counsel. Careful consideration needs to be involves many legal issues and requires in much less time than it may take the issues and evidence that are relevant to it. You would be more effective than civil litigation proceedings are conducted fairly. Failure court will then decide whether to issue a begun. particular fields of commerce can give given to what are the most appropriate expertise, careful consideration and authorities to decide if they will investigate are not constrained by the outlook of the or whether your interests would be best The DPP can also take over and discontinue to do this can lead to a prosecution failing summons or arrest warrant. This will involve credence to any evidence submitted and the Asset Tracing charges to bring. strategic thought and action. and then prosecute. police or other enforcement agency. served by taking both routes. proceedings even where the Full Code Test because there has been what is regarded the magistrates having to consider whether It may be the case that some material accompanying legal arguments that are made. (see below) is met if they believe the as an abuse of the court process. the offence is out of time (beyond any time gathered for possible use as evidence may It may be necessary in certain situations to In order to assist the court (and also the Rahman Ravelli’s private prosecutions Priority Outcome A criminal conviction resulting from a prosecution is likely to damage the interests of limit for prosecution), if they have jurisdiction be subject to legal professional privilege. All material gathered during the course of the conduct an asset tracing exercise to defence) an evidential bundle known as the team has all the qualities necessary to private prosecution or a prosecution justice. This could be when a private Malicious prosecution for it and whether the person seeking to Material that is correspondence between investigation needs to be comprehensively determine the availability and Initial Details of the Prosecution Case (IDPC) will bring justice to you. If you believe that a business crime has A conviction that is the result of a private brought by the authorities can be strong prosecution interferes with the investigation of prosecute has the authority to do so. a lawyer and their client is covered by such scheduled and recorded. At Rahman Ravelli, whereabouts of the person that is to be need to be prepared. This does not need to be been committed against you or your prosecution can see the person convicted evidence if a civil case is then brought. But another criminal offence, where it is malicious A defendant could claim that the privilege and is bound by certain rules that our approach to e-discovery means we the subject of the private prosecution; the full prosecution file but it must contain A private prosecution can be the most or by an individual, company, financial company, it may be the case that the law receive the same punishment as they could it is also possible to bring a private or vexatious or where the defendant has been prosecution was brought with malice or If the allegation involves an indictable offence have to be abided by. harness technology and our analytical skills to either because those assets are what has sufficient detail to support the allegations appropriate course of action for many. It institution or other organisation in the enforcement agencies lack the resources have done if they had been prosecuted by the prosecution and civil proceedings at the promised by the CPS or police that they will that evidence was fabricated. This could, in or one punishable with imprisonment, an review huge volumes of material, whether it be prompted the prosecution or because asserted. The court will also require a case gives whoever is bringing the prosecution course of business transactions. to investigate it. They may believe that that Crown. Bringing a private prosecution can same time. Any information or potential not be prosecuted. theory, lead to the defendant bringing a arrest warrant can be issued. One can also be Obtaining Evidence mountains of paperwork, years of emails or they may be required when it comes to summary in the IDPC. The case summary is a the opportunity to determine the speed of they either cannot devote the time to your secure the outcome you were seeking without evidence discovered during an civil claim for malicious prosecution. These issued where the defendant’s address is not vast amounts of electronic data that could meeting any penalty imposed as a result distillation of the main points of the case. proceedings and the direction the When it comes to business crime, Rahman case or lack the relevant expertise. In such having to rely on the authorities. investigation can be used for a private When a private prosecution is taken over and claims are not easy to prove but anyone known, so a summons can be served on them. In certain circumstances it may be prove crucial to a case. We ensure no stone is of the prosecution. prosecution takes. Ravelli’s private prosecutions staff have circumstances, your case will not be prosecution, civil litigation or both. discontinued by or on behalf of the DPP, a bringing a private prosecution needs to Police assistance can be sought to execute the necessary to use private investigators to left unturned when building a client’s case. When a prosecution is being brought, regard accumulated awards and the highest viewed by them as a priority. But by Deterrence request can be made for this to be reviewed take all possible steps to prevent any arrest warrant. The burden of proof is on the obtain certain types of evidence through Restraint Order must be given to potential defence Private prosecutions can be brought by any national and international rankings in legal bringing a private prosecution you ensure The Crown Prosecution under the CPS Victim’s Right to Review allegations that the prosecution is prosecutor to prove that the defendant legal means, trace and interview potential The Full Code Test for applications, such as an application to set aside individual or any company under section guides. They put their skill to work for you to that it is a priority. When a private prosecution brought by an Service And Private Scheme. A decision made under this scheme unreasonable or that they acted with committed each element of the alleged witnesses and even carry out surveillance. Prosecution It may be necessary to apply for a restraint the summons. These can be anticipated but 6(1) Prosecution of Offences Act 1985 and advise you on whether bringing a private individual or company results in a conviction, it Prosecutions can also be challenged by judicial review on malice. offence – and must be proved to a jury or Obtaining certain types of material, such order against the person being whether they are actually made will depend on proceed in the same way as any prosecution is the right decision. If the Cost can send out a strong deterrent message to the grounds that it is irrational. judge (depending on the court that eventually as that held by banks or the police, may When considering whether to bring a private prosecuted in order to freeze their assets. the defence team. prosecution brought by the Crown. In many decision is made to bring a prosecution, they anyone that may have considering similar The Crown Prosecution Service (CPS) can Jurisdiction hears the case) beyond a reasonable doubt. prove difficult – but not impossible if those prosecution, the person intending to bring it This is done if there is thought to be a risk circumstances, a private prosecution can be put their expertise and experience into What has to be remembered when wrongdoing. A successful private prosecution take over a private prosecution at any Important Legal Issues To An individual or company considering bringing seeking it are well-versed in the provisions should apply what is known as the Full Code that the person may dissipate (meaning At the initial hearing in the magistrates’ court, swifter and more efficient than one brought building and executing the most robust, bringing a private prosecution is that, and the publicising of the penalties that result time, either because it has been Consider In most situations, courts in England and a private prosecution may possess a lot of the of the Data Protection Act 1998 (DPA). Test. This test is contained in The Code for spend, squander or relocate) their assets. the court will decide on the venue where the by the police or one of the intelligent case for you. regardless of the outcome, the costs – or can make clear the dangers of attempting requested to do so by the defendant or Wales only have jurisdiction for crimes material that is likely to become evidence Crown Prosecutors and sets out the principles It can also have the effect of restricting the case will be heard. Depending on the already-overloaded enforcement agencies. at least some of them - can be recovered such offences in the future. because it made its own decision to do so. A private prosecution can be a valuable committed within their borders. But before any decision has been taken to If a third party is unwilling to provide to be applied when deciding whether a case person’s access to living expenses and seriousness and nature of the allegations the It can be the logical alternative if such We know bringing a private prosecution is a from the state. There is the possibility of avenue for those seeking justice. But those crimes such as fraud, dishonesty offences proceed. But if they do not have enough they information under DPA exemptions, a should be prosecuted. income. case may be heard by the magistrates’ court or agencies decide that they do not have the commitment. We ensure that commitment applying for investigation and legal costs Recompense If the Crown Prosecution Service (CPS) bringing one must be aware of a number of and blackmail can be prosecuted by these may have to think about what they need – and Norwich Pharmacal Order39 (named after crown court. If the case is listed for crown resources to devote to your case. is worthwhile. from central government funds. This can decides that there are insufficient grounds issues that can be central to the success of courts regardless of where they were how to obtain it – in order to start criminal the case that established the principle) can This involves considering: Under section 40 (2) and 41 of the court, preparation will need to be made for a mean that a private prosecution is a If a private prosecution is successful it is to provide a reasonable prospect of such a prosecution. committed, provided that one element of proceedings. be applied for to compel any third party Proceeds of Crime Act 2002, the Crown preliminary hearing and / or a plea and trial A private prosecution can be the best route The Benefits Of Bringing A cost-effective option for an individual or possible to request that the court makes a conviction it can take over the private the crime occurred in England or Wales. innocently involved in the wrongdoing to • If there is sufficient evidence to provide a Court can make a restraint order preparation hearing. to take, due to a number of reasons that we Private Prosecution company that wishes to see justice done confiscation order as well as a compensation prosecution and discontinue the Disclosure The murder or manslaughter of a British Assembling the Evidence disclose particular information or realistic prospect of conviction? If the preventing any specified person dealing detail below. This can be the case when but has a limited budget. order to ensure that any losses incurred by the proceedings. This reduces the potential national can be prosecuted in England documents. Similar orders can be used answer is yes, then the next question is: with any realisable property if a criminal Private prosecutors have to comply with the fraud or other wrongdoing is suspected in Every case is different. But speaking in crime are repaid. for some private prosecutions to continue. and Wales, regardless of where it The strength of a private prosecution depends where evidence is held abroad. A witness • Is the prosecution required in the public investigation has been started. disclosure principles under the Criminal any professional or commercial activity, general terms, there are a number of This was challenged unsuccessfully in R happened, as can crimes of universal to a great extent on the quality of the evidence summons can be used, when criminal interest? Procedure and Investigations Act 1996 (CPIA). either within a workplace by a staff member advantages to bringing a private (Gujra) v CPS [2012], where a private jurisdiction such as war crimes. available. The onus is on those bringing the proceedings have commenced, to make a prosecution. prosecution commenced by Mr Gujra This means they must record and retain all prosecution to obtain that evidence.

A Briefing Guide to : Private Prosecutions: Putting Justice In Your Hands London Office Northern Office Midlands Office 36 Whitefriars Street Roma House, 59 Pellon Lane 3 Brindley Place London Halifax, West Yorkshire Birmingham, West Midlands EC4Y 8BQ HX1 5BE B1 2JB +44 (0)203 947 1539 +44 (0)1422 346 666 +44 (0)121 231 7025 www.rahmanravelli.co.uk