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Private prosecutions

20 May 2020

Victims’ Right to Review Scheme: does a victim have a right to make representation?

A 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?

30 April 2020

Best practice guide for charities conducting private prosecutions

The 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.

Melinka Berridge

19 July 2019

Failure to act as a ‘Minister of Justice’ will have costs implications for the private prosecutor

A 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.

Shannett Thompson

18 July 2019

Launch of the Code for Private Prosecutors

On 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).  

Melinka Berridge

19 June 2019

A step too far – a warning for Private Prosecutors

We 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). 

Shannett Thompson

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