Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
17 October 2018
Does a victim of crime have an unfettered right to review?
A case summary of R (AC) v DPP [2018] EWCA Civ 2092
23 August 2018
Private prosecutions – Lawyers must explain the risks as well as the rewards to their clients
Last 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.
29 June 2018
Malicious prosecution and the risk to private prosecutors
A 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.
20 April 2018
Private prosecutions for crimes against wildlife
Badger 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.
5 April 2018
Caution Needed - Private Prosecutions and Criminal Cautions
A simple caution is an out-of-court disposal intended for low level, mainly first time, offending. Accepting a caution has never been a straightforward decision however, one significant benefit was the reassurance that – in the usual course of events - a person would only be prosecuted for an offence when they had been issued with a simple caution, if...