Private Prosecutions

[bednobs]

How do you go about mounting a private prosecution? Does a private prosecution have to meet the same standards that cps cases do?

[woofgang]

Yes I believe that it does, otherwise it would be unjust. The other thing you need is a shedload of money.

[EDDIE51]

Yes it does.There can be no difference in the standard of proof. But you can only bring a private prosecution for a civil case. Only the CPS can prosecute criminal cases.The standard of proof is lower for civil cases than criminal cases.
https://www.lawteacher.net/free-law-essays/criminal-law/criminal-or-civil-standard-of-proof-law-essays.php
For a civil case the standard is ''On the balance of probabilities''while for a criminal case it is ''beyond reasonable doubt ''.

[chelle7272]

http://www.thejusticegap.com/2012/06/private-prosecutions-an-individual%E2%80%99s-right/

[EDDIE51]

Agree with woofgang. I once asked how much a private prosecution would cost and was told you need to put at least £10,000 cash 'up front' against court costs. Even if you win there is no guarantee you will get any of the cash back. For a start you can win the case but not be awarded costs.Even if you do get awarded costs the defendant may not have the means to pay or will refuse to pay.

[bednobs]

"But you can only bring a private prosecution for a civil case."
is that true eddie? A lot of the things i read before asking here suggested otherwise?

[bednobs]

https://www.independent.co.uk/news/uk/crime/two-tier-justice-private-prosecution-revolution-9672543.html

[Neveracrossword]

Bednobs, I don't think Eddie is accurate. There have been private prosecutions in rape cases.

[THECORBYLOON]

EDDIE is wrong again, "The most high-profile private prosecution was by the family of Stephen Lawrence in 1996, against five suspects after three years of bungled police investigations. "

[chelle7272]

You can privately prosecute for criminal offences.

[THECORBYLOON]

"A tycoon was jailed for eight years last month after swindling investors out of £13.5m in the largest private prosecution so far to come to the courts. Ketan Somaia was convicted of nine counts of fraud after a case launched by his victim, a former friend. "

[Buenchico]

There seems to be a lot of misinformation above!

(Civil actions aren't 'prosecutions', Eddie, and the burden of proof in them is far lower than in criminal cases; civil matters are decided on the 'balance of probabilities', rather than requiring 'proof beyond reasonable doubt').

Any member of the public can commence a private prosecution for any offence unless the law states that a prosecution can only be brought with the consent of the Director of Public Prosecutions or of the Attorney General.

In order to bring a private prosecution, the person seeking to do so must 'lay information' before a magistrates' court. If the court believes that there may be a case to answer, the magistrates (or a clerk acting on their behalf) will issue a warrant for the case to be heard. If the matter is one which can only be dealt with by a Crown court, the magistrates must then immediately transfer the case to that court.

However the Crown Prosecution service has the right to take over any such prosecution. In some cases (e.g. where the CPS believes that there is no realistic chance of a conviction being obtained) the CPS will take over a case and immediately drop it. The matter is then closed and the original complainant can't recommence the private prosecution.

In practice, private prosecutions are:
(a) rare ;
(b) very expensive ; and
(c) hardly ever result in a conviction.

[woofgang]

oh EDDIE....IMO the most famous private prosecutor is the RSPCA....you may have heard of them....

[Peter Pedant]

you go thro' the steps here
http://www.emmlegal.com/fraud-prosecution/what-is-a-private-prosecution/

I thought the right had been limited to extinction but apparently that move was defeated and is specifically enshrined in the prosecution of offences act 1985

according to this site
it is used in Fraud and is remarkably efficient !

I guess you are thinking of the Alder hey father saying he wished to b ring a private prosecution for murder against some of the doctors. Complete non starter

The CPS, DPP and AG have powers to stop a private prosecution which was used in the first stephen lawrence case. Duwayne Brooks' evidence was excluded because the was being erm a bit flighty and without that the case was doomed. And so it was taken over by the crown and then immediately dropped

The Law Officers can also enter a nolle prosequi - which stops the case - dead, which was controversially and famously done in the Bodking Adams case 1957. - after his acquittal, the crown said "o lets try again with this one!". Sir Reginald Manningham- Buller ( yup dad of the MI5 head later ) whose nickname was - Sir Reginald Bullying-Manner - called it a day. Later Viscount Dilhorne - yup Duh-learn, that one

[Peter Pedant]

bodkins adams lyeth here

https://en.wikiquote.org/wiki/John_Bodkin_Adams

[bednobs]

thanks everyone