Edmonds Marshall McMahon is led by experienced criminal prosecutors. You or your company may be familiar with the Government and more specifically the Crown Prosecution Service (CPS) as the most well known criminal prosecutor. However section 6(1) of the Prosecution of Offences Act 1985 preserves the right of an individual or a company to bring private prosecutions. This permits us to act as criminal prosecutor on a private prosecution brought by you or your company.
Edmonds Marshall McMahon utilises its extensive criminal prosecution experience to initially advise you about what criminal liability exists in you or your company’s circumstances and what further evidence would be required to be able to prosecute your case. We can then advise you on what charges are suitable, whether a restraint order would be advisable to secure misappropriated assets, the status and validity of evidence, the court process and the chances of success. We will also guide you through every stage of the criminal prosecution process. Following a successful private prosecution, the undertaking of confiscation and enforcement proceedings also require the expertise of an experienced criminal prosecutor. Private prosecutions are almost always quicker, more focussed and more efficient than prosecutions brought by the Government especially in cases involving fraud. A swift criminal prosecution is vitally important in order to ensure proceedings take place before defendants abscond the jurisdiction, witnesses memories fade and assets are dissipated. We often advise companies that require advice on strategies for criminal prosecution and enforcement in order to deter individuals from engaging in criminal activity causing harm to a particular industry. Frequently, clients require a second opinion, or prefer not to wait for police or CPS assistance. We often prepare and submit evidential bundles to the police, or help our clients build a strong evidential case in order to start a private prosecution.
Even though as private criminal prosecutors we are not required to abide by the Government’s standard for prosecutors (such as the Code for Crown Prosecutors), we consider it prudent and important to do so. We are committed to abiding by Government standards for prosecutors, and apply all relevant guidance to our cases. We apply the Code for Crown Prosecutors when considering whether a case is suitable for prosecution, we and any investigators we use abide by the disclosure regime under the Criminal Procedures and Investigations Act 1996 (as amended). We ensure that we apply the Attorney General’s guidance on disclosure to all our cases and have considerable experience in the most difficult disclosure areas. We do this to ensure the trial process is conducted to the highest standards, thus protecting both our reputation and that of our clients.
We pursue all our cases with unparalleled determination and vigour. Our experience, expertise, extensive knowledge and contacts throughout the criminal justice system, police and private agencies have earned us a significant reputation in our field, and means we can offer you a comprehensive service, from advice and investigation through to criminal proceedings and subsequent confiscation and enforcement.