Private Prosecution Services
Private prosecutions are a vital part of the justice system in England and Wales, allowing individuals and organisations to pursue justice independently, particularly in cases where public bodies, such as the Crown Prosecution Service (CPS) or Serious Fraud Office (SFO), have opted not to act. This legal pathway is especially valuable in cases involving fraud, financial crime, intellectual property theft, harassment and perjury, where specialised expertise is often required.
As the UK’s leading Private Prosecution law firm, we are the ONLY Tier 1 law firm in both the Chambers and Legal 500 law firm directories, specialising in private prosecutions. Given our specialist expertise, Edmonds Marshall McMahon is uniquely positioned to assist clients in the process of privately prosecuting.
Having prosecuted the largest private prosecution case in this jurisdiction, our expert team of private prosecution lawyers and investigators combine extensive experience, and a proven record of success, in complex legal cases, ensuring that justice is both accessible and effectively pursued.
What is a Private Prosecution?
A private prosecution is a criminal prosecution initiated by a private individual or entity rather than a public prosecutor like the CPS. This right, preserved in section 6(1) of the Prosecution of Offences Act 1985, gives any individual, company or organisation in England and Wales the right to initiate a private prosecution. This provision helps to uphold justice, especially in cases where state investigating agencies, like the police often lack resources, time, or expertise to deal with certain crimes.
Our services in private prosecutions extend across a range of case types, including but not limited to:
- Fraud (financial misconduct, forgery, embezzlement, dishonest false representations, investment frauds, employee fraud, corruption, theft)
- Intellectual Property Theft (trademark or patent infringement, theft of data)
- Perjury (lying under oath to mislead the court) and Perverting the Course of Justice
- Crypto Fraud
- Harassment
- Computer Misuse Act offences
Private prosecutions are an essential recourse for those who need swift, expert-driven action. We ensure that every case we take on is managed with precision, diligence, and respect for legal standards.
How Do Private Prosecutions Work?
Private prosecutions mirror the procedures of public prosecutions but are driven by the private prosecutor, allowing for more direct control over the case. Our team collaborates with forensic investigators, financial analysts, forensic accountants and other specialists to review evidence meticulously, building a robust case.
The key stages in a private prosecution typically include:
- Case Review and Evidence Gathering: Detailed analysis and collection of evidence to establish the viability of a prosecution.
- Cross-border enquiries
- Issuing a Summons: Filing for a summons in the Magistrates’ Court to initiate proceedings.
- Court Hearings: Representing the case before the Magistrates’ Court, and if required, the Crown Court.
- Asset Recovery: Restraint Orders to prevent dissipation of assets, conduct of confiscation proceedings and compensation for the victim.
At Edmonds Marshall McMahon, we handle all stages of the private prosecution process, ensuring that cases are presented with professionalism and in accordance with judicial standards.
Why Choose a Private Prosecution?
Private prosecutions offer several advantages over public prosecutions, particularly for complex financial cases and cases requiring a higher level of control and speed.
Here’s why private prosecutions are often the right choice:
1. Control
As the prosecutor, you have greater control over the process, often avoiding the delays that can occur in prosecutions brought by the state.
2. Speed
Unlike public prosecutions, which can be delayed by bureaucratic backlogs, private prosecutions often proceed without unnecessary delays. This ensures that justice is served in a timely manner, reducing the emotional and financial strain on the victims.
3. Expertise in Complex Cases
Specialised cases, such as those involving financial crime or intellectual property crime, often require expert legal knowledge. Our team’s experience in these fields ensures that each case is handled by knowledgeable professionals with an in-depth understanding of the relevant law and effective strategies to obtain essential evidence.
Types of Cases Suitable for Private Prosecution
Private prosecutions are ideal for cases where public bodies lack resources, focus, or expertise.
Some common examples include:
- Fraud: Cases involving financial misconduct, misrepresentation, employee or corporate fraud.
- Intellectual Property Theft: Protecting your intellectual property from infringement, whether it’s patents, trademarks, or copyrights.
- Harassment: being harassed by another or put in fear of violence.
- Perjury and Perverting the Course of Justice: Ensuring accountability for lying under oath or disobeying court orders.
Frequently Asked Questions (FAQs) on Private Prosecutions
What is a private prosecution?
A private prosecution is a criminal proceeding initiated by an individual or entity rather than by public prosecuting authorities like the Crown Prosecution Service (CPS). This right is preserved under Section 6(1) of the Prosecution of Offences Act 1985.
Who can bring a private prosecution?
Any person or organisation can initiate a private prosecution, provided they have sufficient evidence to support the case. This includes individuals, companies, and charities.
When is a private prosecution appropriate?
Private prosecutions are often pursued when public authorities decline to prosecute, when there is a need for specialised expertise, or when a swift resolution is desired. They are commonly used in cases involving fraud, intellectual property theft, and perjury.
What are the benefits of a private prosecution?
Key advantages include greater control over the proceedings, potentially faster resolution, and the ability to address crimes that public bodies may not prioritise. Additionally, successful private prosecutions can result in the same penalties as public prosecutions.
What are the potential drawbacks of a private prosecution?
Challenges include the financial burden on the prosecutor, the complexity of legal procedures, and the possibility that the CPS may take over and discontinue the prosecution if they take the view that it does not meet the Full Code Test.
How much does a private prosecution cost?
Costs vary depending on the complexity of the case. According to the Ministry of Justice, the average cost is around £8,500. However, more complex cases can be more expensive.
Can I recover the costs of a private prosecution?
If the prosecution is successful, the court may order that the prosecutor’s reasonable costs be paid from central funds. However, this is not guaranteed, and in some cases, the prosecutor may be ordered to pay the defendant’s costs, especially if the prosecution is deemed vexatious or improper.
What is the process for initiating a private prosecution?
The process involves gathering evidence, applying to a magistrates’ court for a summons or warrant, and then proceeding through the criminal justice system. It’s advisable to seek legal advice to navigate this complex process effectively.
Can the CPS intervene in a private prosecution?
Yes, the CPS has the authority to take over a private prosecution and may continue or discontinue it based on the Full Code Test, which assesses evidential sufficiency and public interest.
What is the standard of proof in a private prosecution?
The standard of proof is the same as in public prosecutions: the case must be proven beyond a reasonable doubt. The burden of proof lies with the prosecutor.
Why Choose Edmonds Marshall McMahon?
Choosing a private prosecution firm requires trust in the capability and commitment of the team who will be acting for you. At Edmonds Marshall McMahon, we’re a unique team of experienced senior prosecutors (solicitors and barristers) and investigators, who pride ourselves on being the leading specialists in private prosecutions, within the UK. Our team’s dedication to pursuing justice and our extensive expertise make us the ideal choice for handling complex, sensitive cases.
We are the UK’s ONLY Tier 1 law firm, specialising in private prosecutions, in both Chambers & Partners and Legal 500 law firm directories.
Our reputation is built on:
- In-Depth Legal Knowledge: Extensive experience in prosecuting fraud, financial crimes, general crime and intellectual property cases.
- Successful Track Record: Numerous successful outcomes for our clients in cases involving high-stakes legal issues. Our lawyers have led some of the largest Private Prosecution cases, and biggest Confiscation Orders, in the UK.
- Personalised Service: Each client receives dedicated attention, with our legal strategies tailored to their unique needs.
Whether you’re an individual, a business, a charity or a legal professional seeking justice, Edmonds Marshall McMahon offers the legal acumen and dedication required to achieve a successful private prosecution.
Contact us today to discuss your case and explore how our expertise can help in your pursuit of justice.
Our Expertise in Private Prosecutions
Edmonds Marshall McMahon is a team of the UK’s leading lawyers in private prosecutions. With several very experienced prosecutors, we offer legal expertise in some of the most complex and high-profile cases, including high-value fraud and financial crime.
Explore our Fraud Prosecution Services to learn more about how we can help you seek justice through private prosecution.
The Key Private Prosecution Team
Tamlyn Edmonds
Co-Founder and Key Partner – Having been called to the Bar in 2000, and prior to founding Edmonds Marshall McMahon, Tamlyn led the prosecution team for the Medicines and Healthcare products Regulatory Agency. She is a seasoned prosecutor with an extensive background. She was the lead lawyer on the biggest private prosecution and confiscation order in the UK.
“She’s quiet but deadly.”
Andrew Marshall
Co-Founder and Key Partner – has led the prosecution of major fraud for a range of government agencies and been involved in the notoriously difficult prosecutions of many corporates. He was the lead private prosecution lawyer, alongside Kate McMahon, in the biggest corporate private prosecution to date.
“Andrew Marshall leads a forceful and very organised team at Edmonds Marshall McMahon. The service which is provided is the Rolls Royce of private prosecutions from the moment you walk through the door and throughout the various stages of proceedings. Andrew himself has a forensic mind and his attention to detail is exemplary…”
Kate McMahon
Co-Founder and Key Partner – Prior to founding Edmonds Marshall McMahon, Kate prosecuted for the Serious Fraud Office (SFO) where she worked as a senior lawyer in bribery and corruption cases. Kate successfully secured convictions in the biggest corporate private prosecution to date.
“She has it all and is feared and respected as an adversary.”
Recent Cases
Contact Us
If you’re considering a private prosecution and would like to discuss your case, contact us today for an initial consultation. Our specialist private prosecution lawyers are here to help you navigate the legal process and achieve justice.
Email us at enquiries@emmlegal.com or call +44 (0)20 7583 8392.
