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When public authorities won’t prosecute or act, individuals and companies can take control of their legal matters with private prosecutions, a type of criminal prosecution that empowers them to seek justice when all other routes to justice fail. At Lex Vindico Group, our private prosecution lawyers will guide and represent you when public prosecutions fail. With years of criminal law experience and a proven track record, we will handle your case professionally and efficiently.
At Lex Vindico Group, our dedicated team understands the nuances associated with bringing a private prosecution. Our lawyers have experience defending and privately prosecuting matters. When instructed on prosecutions, we regularly instruct a specialist Crown Prosecution Service barrister to advise on the merits of success before you or your company commits to the cause.
Private prosecutions allow individuals or companies to bring criminal charges without the Crown Prosecution Service (CPS) or other public prosecutors where crimes have been committed. These are brought when a victim or affected party(s) wants accountability for alleged offences that public authorities may not have pursued, are unable to, or unwilling to. Some offences require the consent of the Attorney General or the Director of Public Prosecutions (DPP) before a private prosecution can proceed.
The Prosecution of Offences Act 1985 is the legal framework for private prosecutions in England and Wales. While public prosecutions serve society's interests by prosecuting crimes for public confidence, private prosecutions bring about private actions that serve specific grievances. Hence, victims have access to justice openly, fairly and impartially. Whether it’s fraud, intellectual property, or domestic violence and abuse cases, or even perverting the course of public justice, private prosecutions are part of the criminal justice system that allows victims, complainants and injured parties to enforce criminal law.
Lex Vindico Group, with its unique expertise in private prosecution cases, offers bespoke advice and robust representation. Our lawyers, with years of criminal law experience, a keen understanding of prosecution tactics, and an excellent command of the Code for Crown Prosecutors, enable us to be familiar with the legal process from the inside out. Getting independent legal advice from qualified lawyers is essential when considering a private prosecution for a crime, and our team's expertise will instil confidence in you. Our experts regularly work with prosecuting authorities and understand the application of the Full Code Test, which needs to be satisfied before authorising any criminal charges in the Magistrates' Court (where private prosecutions officially start from).
At Lex Vindico Group, our approach is not just professional but strategic. We focus on building strong cases with solid evidence without allowing the defendant any wiggle room. Whether it’s financial crime, intellectual property theft, or domestic-related incidents, we are committed to delivering justice while maintaining the highest level of professionalism.
As a company or individual, you may have contacted the police multiple times with your grievances and complaints. Still, their overburdened system may be causing your case to falter with masses of delay due to the lack of resources. At Lex Vindico Group, we give you the chance to regain control, by removing it from the police's hands, through a private prosecution. This enables you to have an element of inside control over the prosecution.
Private prosecution viability starts with a review of the evidence, allegations and the particulars of the crimes in question. Our lawyers will assess whether the alleged offence meets the legal and public interest tests, as required by the Code for Crown Prosecutors.
At Lex Vindico Group, private prosecutions can only be brought against an individual (or group prosecution) where our expert barristers are satisfied that there is sufficient evidence for a realistic prospect of conviction, and that there is a requirement for prosecution in the public interest. Our lawyers will assess all available evidence that you provide, and can assess, before determining whether a charge can be issued at Court. If the evidence falls short, we can advise you on what may make a difference to the overall decision by providing actionable steps before proceeding.
Once we have gathered the relevant material, we will give you clear written advice on the strengths and weaknesses of the evidence, so you can make an informed decision before proceeding. You should also get independent legal advice to understand your case's complexities and legal requirements. In most cases, we would further investigate the evidence available before formally advising you. Either way, at Lex Vindico Group, you will be strongly advised by specialist solicitors and leading barristers.
Building a prosecution case requires thorough preparation. A strategic approach to a private prosecution against an individual or organisation can be key when public authorities don’t act or cannot act, for whatever reason. We gather evidence, conduct investigations (we work with independent experts who were high-ranking police officers previously, who can assist with the investigation), and liaise with expert witnesses (possibly forensic and medical, particularly when we are proving damages via physical/mental health and financial accounts) to strengthen your case. Ensuring the evidence is admissible and supporting the allegations is crucial to the outcome. Preparation with specialist advice would determine the success or failure of your case.
From initial hearings in the Magistrates Court to complex trials in the Crown Court, our lawyers will be with you every step of the way. As a private prosecutor, you have a significant financial responsibility to fund the case and potentially recover costs through the civil process. We prepare legal arguments, cross-examine witnesses, and present evidence in a trial to obtain convictions upon your instruction. If we prosecute on your behalf, our goal will likely be a conviction/imprisonment/civil injunction. If we present the evidence to the defendant compellingly from the start, the defendant's lawyer would advise the defendant on the strength of the evidence against him or her. It may be that the defendant then wishes to plead guilty at Court, in which case, we would be required to make representations to the judge as to the appropriate sentence for the defendant. Clients benefit from our knowledge of the courtroom and advocacy skills. We bring specialist barristers who are well-versed in dealing with prosecution work and are regularly instructed by prosecuting authorities.
Private prosecution is a viable option when public prosecutors drop cases without reason. At Lex Vindico Group, we can advise on judicial review, a process that allows us to challenge public prosecutor decisions and ensure that justice is not denied. There is no legal aid for such representation, but it gives you a secondary option to pursue if you feel you have suffered an injustice by the CPS dropping charges.
Fraud, including civil fraud and theft, often leads to private prosecution when public authorities can’t pursue the case. These prosecutions hold individuals accountable for financial misconduct, ensuring victims get justice. In corporate fraud, companies can initiate criminal proceedings where they have been defrauded out of funds, whether by another company or a former employee who had acted dishonestly in having committed theft, owing significant costs.
Many victims of domestic violence/abuse and sexual offences have to wait years until their case is before the courts, and in some instances, it may never get to Court. The government recognises this issue, and suggests that the lack of charges and convictions (particularly in sex cases) is down to the lack of resources and an overburdened system.
Operation Soteria and recent CPS data summaries show a massive increase in recent charges and convictions. Still, despite this, social movements like #metoo push the agenda of furthering rights for victims. The government now has a statistic to meet regarding charges and convictions. Regardless, victims of these offences often find that the public prosecutions bear no fruit, so they turn to private criminal prosecutions, which give them an element of control over who the prosecutors are, how the prosecution is conducted and regular updates from our team.
Intellectual property theft, such as counterfeiting or unauthorised use of copyrighted material, can damage businesses. Private prosecution allows organisations to protect their assets and obtain redress for these breaches.
Health and Safety breaches, including fire safety breaches and failings, often lead to private prosecutions conducted for and on behalf of the Health and Safety Executive. Other prosecuting authorities could, and often do, bring about private prosecutions within the public safety element. Victims or regulatory bodies will pursue these cases to hold the negligent party accountable and prevent future incidents. Private prosecutions in these cases are often successful but time-consuming and require significant legal representation.
Cases involving professional misconduct by medical professionals, directors, executives or other regulated individuals often go to private prosecution when public authorities don’t act. These cases address criminal behaviour that damages public trust. Should you wish to bring a private prosecution against healthcare professionals based on negligence, our experts will be able to advise you on the criminal elements required before proceeding with a private prosecution, alongside advising you on the merits of any civil claim/civil remedies sought for damages.
A successful prosecution requires evidence that proves the alleged offences beyond a reasonable doubt at Court, but on the balance of probabilities when laying the information to the Magistrates' Court, before the court issues a summons to attend. To increase the chances of success, we will gather evidence meticulously and present it clearly per the Code for Crown Prosecutors. The burden is upon us as private prosecution solicitors to prove each allegation, and throughout proceedings, we must ensure that the Full Code Test remains satisfied.
Private prosecution can be costly, including legal fees and investigative costs. Private prosecutors usually fund these costs, but successful cases may recover some costs through central funds. There is no legal aid available or even offered for private prosecutions. In private prosecutions, the police rarely use their resources to investigate matters, meaning the entire investigation needs to be funded by the individual or company bringing criminal proceedings forward. We work with independent experts who have worked with the police previously, so this can be advantageous to you. Every single variable is controlled on our part.
Private prosecution must be in the public interest and brought in good faith. Bringing frivolous or vexatious cases can be dismissed and damage your reputation. Lex Vindico Group will only act on legitimate grievances. Before proceeding with a private prosecution, our experts will provide you with written advice accounting for the strengths and weaknesses of the private prosecution (akin to what the reviewing lawyer does for the Crown Prosecution Service). This advice can help you weigh up the options based on success, risks, and objectives.
The law allows for the CPS to intervene in private prosecutions where it sees fit, only following the initiation of criminal proceedings (after charge). The Full Code Test (upon which our lawyers will advise you in writing) must always be satisfied, so review for us in an ongoing process. Consequently, there must be sufficient evidence for a realistic conviction prospect and enough public interest to prosecute the matter. If the CPS decide to take over the prosecution, they can continue the prosecution publicly funded, or discontinue it based on the Full Code Test. They will decide upon the appropriate course of action, but it is a very rare occurrence for the CPS to intervene. We will explore all options for our clients, including judicial review of the case, and whether the CPS would drop the charges after we initiate the criminal prosecution.
After you have received positive grounds for a prosecution through our experts, we will commence proceedings at Court. Private prosecutions start with filing the charges, by laying the information to the Court, which then serves the defendant with a summons requiring their attendance at Court. When the defendant attends Court via summons, we will serve the initial disclosure of our case. The stronger it appears at that stage, the greater the chance of a guilty plea at Court.
Compliance with the legal process is key to avoiding challenges or delays. We will manage this process for you, which involves disclosing initial evidence and ensuring all the requirements are met. We will provide a sense of security and keep you well-informed throughout. If compliance fails, the defendant's legal representation can apply to dismiss the case.
Court proceedings involve presenting evidence, cross-examining witnesses and making submissions. Magistrate's courts deal with less serious offences, and Crown Courts with more serious or complex cases. Lex Vindico Group’s lawyers will represent you at trial to get a fair and effective outcome in line with your objectives from our first phone call.
Successful prosecution can result in the defendant being sent to custody, fined or ordered to compensate the victim. We will advocate for the correct sentence, catering for your requests too through drafting your personal impact statement where you inform the court of the lasting impact the offending has had upon you and your life. This considers the seriousness of the offence and the level of culpability when the judge is passing sentence.
Lex Vindico Group’s specialist team in private prosecutions have extensive experience in prosecuting and defending matters. From initial consultation to trial advocacy, we will manage every aspect of the case for you. We follow the guidance and standards of the Private Prosecutors Association and the Code for Crown Prosecutors. This is a specialist area that requires knowledge of compliance and disclosure. Lex Vindico Group thrives in an area with a team of independent experts, ranging from specialist prosecuting barristers, former police officers, forensic analysts and medical professionals.
Every case is different and requires a bespoke approach. Our solicitors will work with you to develop a strategy for the best outcome. Since the burden is upon those bringing the private prosecution, it is crucial to understand the rules of fairness, burdens, and standards of proof.
Our results and client testimonials show our expertise. Contact Lex Vindico Group today for advice on private prosecutions.
If you consider bringing a private prosecution, seeking expert legal advice is essential. Contact Lex Vindico Group today for a confidential consultation and take the first step towards achieving justice.
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