In England and Wales, any individual, organisation or company has the right to bring a private prosecution against a person or entity they believe has committed a criminal offence.
For many victims of serious crime, particularly fraud or financial misconduct, a private prosecution can be a powerful alternative to relying solely on state authorities such as the Serious Fraud Office (SFO) or the National Crime Agency (NCA). These agencies often face increasing demand on limited resources, which can mean cases are not prioritised or progressed as quickly as victims would wish, or simply not picked up at all.
Private prosecutions can also be brought in the UK against overseas individuals and companies. Similarly, foreign-based individuals or organisations can initiate a private prosecution here, provided there is a sufficient UK connection to the alleged wrongdoing.
A private prosecution can offer control, efficiency, deterrence and strategic advantage. In bringing a private prosecution, you can retain greater oversight of case strategy and progress. You can move matters forward without waiting for what can often be a lengthy period of time for a public authority to decide whether to act – particularly in complex fraud cases, where enforcement agencies may be reluctant to commit to prolonged investigations. In privately prosecuting, you are taking decisive action that can send a clear message of deterrence to others.
For those that believe a crime has been committed against them, a private prosecution can be an effective and proportionate route to justice.
In general terms, a private prosecution may be viable when a criminal offence has been committed in the UK (or there is a strong UK nexus), the alleged offender can be identified, there is sufficient evidence to meet the criminal standard of proof and public authorities have declined to prosecute or are unlikely to act.
In some cases, civil proceedings may allow recovery of losses. However, if the offender has no assets to satisfy a judgment, civil action alone may not be worthwhile. Where state authorities have decided not to bring charges, a private prosecution can provide the clearest route to accountability.
The success of any private prosecution depends on the strength and admissibility of the evidence and the ability to secure and preserve that evidence. It is critical to any private prosecution that the correct criminal procedure and disclosure obligations are carefully complied with, which can be incredibly complex. For these reasons, each case requires in-depth legal knowledge and practical court experience. Poorly-prepared prosecutions risk delay, challenge or even dismissal.
At Rahman Ravelli, we bring extensive experience of business crime and complex financial investigations to our clients. Our team advises national and multinational corporations, organisations and high-net-worth individuals on every aspect of private prosecutions, from initial assessment to final resolution.
Seeking early advice from an experienced Rahman Ravelli private prosecution solicitor ensures you receive clear guidance on:
At Rahman Ravelli, we have a proven track record of:
If you are considering a private prosecution, early, informed advice is critical. We can help you determine the right course of action and ensure that, if you proceed, every step is taken correctly and strategically.
If a private prosecution is suitable, a tailored team of specialist lawyers, investigators and forensic experts can be assembled to analyse the issues and build a robust case. If it is not the right course of action, you will receive a clear explanation of viable alternatives.
Recognised for our work at the forefront of white-collar crime, we provide the insight, strategic direction and technical expertise required to maximise your prospects of success.
A private prosecution is a criminal prosecution brought by a private individual or organisation rather than by a state authority such as the Crown Prosecution Service (CPS) or the Serious Fraud Office (SFO). In England and Wales, any person or body can institute criminal proceedings as a private prosecutor, a right preserved under section 6 of the Prosecution of Offences Act 1985. Private prosecutions have become an increasingly important tool for businesses, financial institutions, and individuals seeking accountability for fraud and other economic crime where state authorities have declined to act.
A private prosecution may be appropriate where the relevant public authority — typically the CPS or SFO — has decided not to prosecute (for example, because the case does not meet the evidential or public interest threshold), where a prosecution is needed urgently to protect against further harm, or where the private prosecutor has the evidence and resources to pursue the case effectively. Common scenarios include major fraud against companies, embezzlement by employees or directors, IP theft, and serious dishonesty by business partners.
Yes. Under section 6(2) of the Prosecution of Offences Act 1985, the Director of Public Prosecutions (acting through the CPS) has the power to take over a private prosecution, either to continue it or to discontinue it. Discontinuance of a private prosecution by the CPS is relatively rare and would usually only occur where the case does not satisfy the Code for Crown Prosecutors. Courts have held that the power to discontinue must be exercised reasonably and not capriciously.
A private prosecution must satisfy the full Code for Crown Prosecutors test: there must be sufficient evidence to provide a realistic prospect of conviction, and the prosecution must be in the public interest. The private prosecutor is subject to the same disclosure obligations as any other prosecutor, including the duty to retain and disclose unused material that might reasonably be considered capable of undermining the prosecution or assisting the defence. Failure to comply with these duties can result in the prosecution being stayed as an abuse of process.
Private prosecutions can be expensive to run, since the private prosecutor must fund the investigation, preparation, and conduct of the case. However, where a private prosecution results in conviction, the court can order that the defendant pay a proportion of the prosecution's costs. Additionally, following conviction, an application for a confiscation order under POCA can potentially lead to the recovery of the proceeds of fraud.
A private prosecutor will often have parallel civil remedies available — for example, civil fraud claims, breach of fiduciary duty claims, or asset tracing and recovery actions. The two routes are not mutually exclusive, though they must be carefully managed to avoid inconsistency and to ensure that evidence gathered in one set of proceedings is not inadvertently prejudiced or disclosed in the other. In appropriate cases, a private prosecution can complement civil proceedings by generating criminal admissions or a conviction that assists the civil claim.
A private prosecution is initiated by laying an information before a magistrate or by applying to a magistrates' court for the issue of a summons or arrest warrant. The information must set out the alleged offence and provide enough detail to identify the defendant. A magistrate or district judge must be satisfied that the information discloses a criminal offence and that there are reasonable grounds to proceed. Prosecution counsel or solicitors will typically attend to support the application and to address any queries from the court.
Bringing a private prosecution is a serious legal step that carries significant obligations and risks, including the duty of disclosure and the potential for a costs order against the prosecutor if the case fails. Specialist solicitors can assess the strength of the evidence, advise on the most appropriate charging decisions, manage the disclosure process, and conduct the proceedings with the level of professionalism expected by the courts. Given the reputational and financial stakes for both the prosecutor and the defendant, expert guidance from the outset is essential.
