Victim Impact Statement for Business: your opportunity to be heard

Last 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’.

Private 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.

Private 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.

The 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. 

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?

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.

Tucked in between the “reasonable worst-case” scenarios for food, trade and fuel is a stark one liner: “Law enforcement and information sharing between U.K. and EU will be disrupted”. The reduction in capability of law enforcement agencies that will come from a no deal will, according to government documents, be accompanied by an increase in cross-border crime.

The recent acquittal of our client, Oritsé Williams, once again puts a spotlight on the prosecution of rape and serious sexual offences, and the particular complexities faced by high profile individuals defending allegations of this nature.

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.

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).  

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). 

Rarely 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.  

On the 26^th 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.

We 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).

Last week, a Senior Coroner recorded a verdict that homeowner Mr Osborn-Brooks ‘lawfully killed’ an armed burglar with a kitchen knife. The burglar himself was armed with a screwdriver, leading Mr Osborn-Brooks to believe that he “intended to do [him] harm”, and thereby leading the Coroner to conclude that Mr Osborn-Brooks acted in self-defence. This blog considers the blurry lines underpinning the law of self-defence in the context of home intruder cases and the potential challenges these pose. 

Most of us remember our 18^th birthday.  Finally you are old enough to do a whole list of activities which were previously prohibited – you can vote, buy alcohol, open your own bank account, gamble or even get that tattoo you always wanted. On top of this, you are now deemed an ‘adult’ in the eyes of the law.

On 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.

In this blog series, we have been following the progress of one of the latest EastEnders storylines, which centres on a young woman who claims to have been raped by two men after a night of heavy drinking.  

Last week the CPS published guidance on prosecuting cases of childlike sex dolls.

One of the more striking features of the government’s draft domestic abuse bill, which was published 21 January, was the proposed extension of the ‘polygraph condition’ to convicted offenders’ licences. In this blog, Matthew Hardcastle questions the inclusion of polygraph testing in the government’s recent draft domestic abuse bill.