Private Prosecutions – An Update

We wrote in June 2018 about the key issues to consider in making the decision whether or not to pursue a private prosecution and in what circumstances it might be the right option (see here). In light of continuing budget restrictions faced by enforcement agencies and the police, private prosecutions remain on the agenda and an option to be considered in the right circumstances.

A private prosecution is a criminal prosecution commenced by a private individual or entity who is not acting on behalf of the police or any other prosecuting authority. Bringing a private prosecution is fraught with difficulty for the uninitiated. Lawyers acting for the "prosecuting party" face unique problems as they have to balance, amongst other things, the fundamental obligation to act in the public interest and to act as a minister of justice. These obligations will not always be aligned with the interests of the client who has instructed them to pursue the prosecution. A private prosecutor also faces unique problems arising from the lack of powers to compel disclosure of documentary and witness evidence, powers...