https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/private-prosecutionsKohanaPHPSophie Tang and Melinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/private-prosecutions-a-route-to-justice-for-the-charity-sectorThu, 12 Feb 2026 00:00:00 +0000Private prosecutions can offer a more efficient and effective way of accessing justice for victims and deterring further criminality.https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/private-prosecutions-a-route-to-justice-for-the-charity-sectorMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/starting-a-private-prosecution-evidential-sufficiency-and-duty-of-candourWed, 19 Feb 2025 00:00:00 +0000A recent High Court decision Whitehead v Westminster Magistrates’ Court [2024] EWHC 2868 (Admin) serves as a helpful reminder of the steps that one must take to establish valid grounds before a summons can be issued in a private prosecution.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/starting-a-private-prosecution-evidential-sufficiency-and-duty-of-candourDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/costs-not-recoverable-on-the-nod-a-warning-for-private-prosecutors-r-on-the-application-of-t-m-eye-ltd-v-southampton-crown-court-2021-ewhc-2624-adminThu, 16 Dec 2021 00:00:00 +0000Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/costs-not-recoverable-on-the-nod-a-warning-for-private-prosecutors-r-on-the-application-of-t-m-eye-ltd-v-southampton-crown-court-2021-ewhc-2624-adminMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/mythbusting-motivation-in-starting-a-private-prosecutionThu, 16 Dec 2021 00:00:00 +0000Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences.  In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/mythbusting-motivation-in-starting-a-private-prosecutionMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/mythbusting-recovery-of-costs-in-private-prosecutionsThu, 16 Dec 2021 00:00:00 +0000Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act.   Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences.  In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions.  In this blog we look at whether the private prosecutor is entitled to recover their full investigation and legal fees at the end of the case.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/mythbusting-recovery-of-costs-in-private-prosecutionsMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/best-practice-for-organisations-using-private-prosecution-powersMon, 05 Oct 2020 00:00:00 +0100The House of Commons Justice Committee has made a series of recommendations in its report published today which are likely to have a significant impact on the future of private prosecutions in England and Wales. https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/best-practice-for-organisations-using-private-prosecution-powersShannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/victims-right-to-review-scheme-does-a-victim-have-a-right-to-make-representationWed, 20 May 2020 00:00:00 +0100A victim has a right to request review of a decision not to prosecute or to discontinue a prosecution, but do they have a right to make representations?https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/victims-right-to-review-scheme-does-a-victim-have-a-right-to-make-representationMelinka Berridge and Shannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/best-practice-guide-for-charities-conducting-private-prosecutionsThu, 30 Apr 2020 00:00:00 +0100The Charities Commission has recently warned that fraudsters are exploiting the spread of coronavirus (COVID-19) in order to carry out fraud and cybercrime against charities.  Unfortunately, in our experience, the likelihood of the police taking action against these individuals is low. In the current climate it is easy to understand why the use of private prosecutions is firmly on the rise. In the past, some charities have been criticised for having an overzealous approach to the conduct of their private prosecutions.  In this blog, we highlight the importance of taking a few simple steps to ensure that charities who conduct private prosecutions are beyond reproach.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/best-practice-guide-for-charities-conducting-private-prosecutionsShannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/failure-to-act-as-a-minister-of-justice-will-have-costs-implications-for-the-private-prosecutorFri, 19 Jul 2019 00:00:00 +0100A private prosecutor and the lawyers who act on their behalf must meet the same high standards of conduct expected of a public prosecutor. The High Court has recently handed down judgement in a case where the issue of the objectivity of the private prosecutor was subject to scrutiny.  The case is a salutary reminder to the putative private prosecutor of the benefits of taking independent legal advice on the merits of their case before commencing proceedings.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/failure-to-act-as-a-minister-of-justice-will-have-costs-implications-for-the-private-prosecutorMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/launch-of-the-code-for-private-prosecutorsThu, 18 Jul 2019 00:00:00 +0100On 18 July 2019 the Private Prosecutors’ Association (the PPA) the UK’s only association for professionals with expertise in the bringing of private prosecutions, published the first Code for Private Prosecutors (the Code).  https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/launch-of-the-code-for-private-prosecutorsShannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/a-step-too-far-a-warning-for-private-prosecutorsWed, 19 Jun 2019 00:00:00 +0100We have previously written on the matter of likelihood of cost recovery in respect of private prosecutions, but return to this topic in light of the recent decision Re Somaia v Lord Chancellor [2019] EWHC 1227 (QB). https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/a-step-too-far-a-warning-for-private-prosecutorsCriminal Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/what-will-happen-next-in-the-prosecution-of-boris-johnsonFri, 31 May 2019 00:00:00 +0100Rarely can the saying that a week is a long time in politics have been more true than in the case of Boris Johnson.  The telescoped timetable for the election of the next Conservative leader, which was announced last week, clearly favoured him, given the large lead he has over his closest rivals. But the decision of District Judge Margot Colman has turned that advantage on its head. For there is no realistic chance that the prosecution against Johnson can be despatched before Conservative MPs decide on the two candidates to go before the membership.  https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/what-will-happen-next-in-the-prosecution-of-boris-johnsonShannett Thompson and Melinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/the-duty-of-candour-applies-to-represented-and-unrepresented-private-prosecutorsWed, 29 May 2019 00:00:00 +0100On the 26th of October 2018 the High Court  consisting of Gross LJ and Sweeney LJ granted an order for costs against the private prosecutor in R (on the application of Kay and Scan-Thors (UK) Limited) v Leeds Magistrates’ Court [2018] EWHC 1233 (Admin) to the sum of £250,000.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/the-duty-of-candour-applies-to-represented-and-unrepresented-private-prosecutorsShannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/victim-impact-statement-for-business-your-opportunity-to-be-heardWed, 29 May 2019 00:00:00 +0100We often act for businesses who have been the victims of crime. The Code of Practice for Victims of Crime (‘the Victims’ Code’) allows an opportunity for the voice of the business to be heard by way of an Impact Statement for Business (ISB).https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/victim-impact-statement-for-business-your-opportunity-to-be-heardMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/justice-delayed-is-not-justice-denied-in-a-recent-slip-and-trip-case-successfully-prosecuted-by-avivaWed, 10 Apr 2019 00:00:00 +0100On 3 April 2019 Bradford Crown Court has given a 21 months suspended jail sentence and six-months curfew order to Farida Ashraf, who pleaded guilty to fraud in a slip and trip case.https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/justice-delayed-is-not-justice-denied-in-a-recent-slip-and-trip-case-successfully-prosecuted-by-avivaEurydice Cotehttps://www.kingsleynapley.co.uk/insights/blogs/medical-negligence-and-personal-injury-blog/sexual-abuse-compensation-civil-claims-for-criminal-allegationsWed, 31 Oct 2018 00:00:00 +0000The #Metoo movement, which started just over a year ago, has brought to the surface the prevalence of sexual abuse.  Led by the entrainment industry, and fuelled by social media, the movement has empowered individuals around the world to speak out against sexual assault and harassment.https://www.kingsleynapley.co.uk/insights/blogs/medical-negligence-and-personal-injury-blog/sexual-abuse-compensation-civil-claims-for-criminal-allegationsShannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/does-a-victim-of-crime-have-an-unfettered-right-to-reviewWed, 17 Oct 2018 00:00:00 +0100A case summary of R (AC) v DPP [2018] EWCA Civ 2092https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/does-a-victim-of-crime-have-an-unfettered-right-to-reviewRegulatory Teamhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/private-prosecutions-lawyers-must-explain-the-risks-as-well-as-the-rewards-to-their-clientsThu, 23 Aug 2018 00:00:00 +0100Last month, Barrister Mark Smith was found guilty of professional misconduct and suspended from practice for one month for failing to advise his client about the risks of bringing a private prosecution The finding by the Bar Disciplinary Tribunal serves as a stark reminder of the importance of the prosecuting lawyer having a full and frank discussion with their client about the prospects of success before commencing a private prosecution.  As explained in our previous blog, whilst private prosecutions offer an excellent legal remedy, they are typically subject to greater scrutiny than public prosecutions and lawyers who run these cases must take care to ensure they explain the risks, as well as the rewards, to their clients.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/private-prosecutions-lawyers-must-explain-the-risks-as-well-as-the-rewards-to-their-clientsMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/malicious-prosecution-and-the-risk-to-private-prosecutorsFri, 29 Jun 2018 00:00:00 +0100A series of blunders and mishaps, such as London’s soaring murder rate, the collapse of a number of rape cases and associated disclosure failings, have incited strong criticism of the CPS and police forces in recent months. https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/malicious-prosecution-and-the-risk-to-private-prosecutorsMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/private-prosecutions-for-crimes-against-wildlifeFri, 20 Apr 2018 00:00:00 +0100Badger baiting and bat nest destruction, seal shooting and raptor persecution are just some of the wildlife crimes that are becoming increasingly common in the UK, according to the recent Wildlife and Countryside Link’s Wildlife Crime report. These cruel and grotesque acts include forcing badgers to fight with dogs for sport, or enabling the illegal trade of products harvested from CITES-listed species. Sadly, successful prosecutions for these offences may represent only a fraction of the number of atrocities committed.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/private-prosecutions-for-crimes-against-wildlife