Most criminal cases in the UK are handled by the police and the Crown Prosecution Service (CPS). However, individuals and organisations also have the right to bring a private prosecution—a legal process where someone outside the state initiates criminal proceedings. This option can be useful when public authorities choose not to take action, but it comes with challenges and legal considerations.

What Is a Private Prosecution?

A private prosecution allows a person or group to bring criminal charges against someone without relying on the CPS. This right has deep roots in common law and is still recognised under modern legislation. While public prosecutions focus on the wider public interest, private prosecutions can help individuals seek justice in cases where official authorities decide not to intervene.

Legal Framework for Private Prosecutions

Several laws and principles govern private prosecutions in the UK:

  • Common Law– The right to bring a private prosecution has long existed under common law, allowing individuals to take legal action against those who commit crimes.
  • Prosecution of Offences Act 1985– Section 6 of this Act confirms the right to bring a private prosecution but also gives the CPS the power to take over and either continue or stop the case.
  • Criminal Procedure Rules– These rules specify how all criminal cases, including private prosecutions, should be conducted.
  • Human Rights Act 1998– Articles 6 and 8, which protect the right to a fair trial and privacy, can play a role in private prosecutions, especially if concerns arise about the fairness of the process.

Key Considerations When Bringing a Private Prosecution

Although private prosecutions can provide a path to justice, they come with important factors to consider:

The CPS Can Intervene

At any stage, the CPS has the authority to take over a private prosecution. It can stop the proceedings if it believes the case lacks sufficient evidence or is not in the public interest. This safeguard prevents cases that could be seen as unfair or unnecessary.

The Public Interest Test

Courts consider whether a private prosecution serves the public interest. Serious offenses with strong evidence are more likely to proceed, while cases driven by personal grievances may be dismissed.

Proving the Case

Private prosecutors must meet the same legal standards as public prosecutors. This means proving the case beyond a reasonable doubt, which requires strong and reliable evidence. Unlike the police, private prosecutors do not have state-backed investigative powers, making evidence collection more difficult.

Financial Costs

Running a private prosecution can be expensive. Legal fees, investigation costs, and court expenses fall on the person bringing the case. In some situations, costs may be recovered if the prosecution is successful, but there is no guarantee.

Risk of Abuse of Process

Courts carefully examine private prosecutions to ensure they are not misused. Cases brought for personal revenge, harassment, or financial gain can be stopped as an abuse of process. The legal system must ensure that prosecutions serve justice rather than personal interests.

Examples of Private Prosecutions

Private prosecutions have been used in various cases, including:

  • Fraud and financial crimes– When authorities do not pursue alleged financial wrongdoing, businesses or individuals may take legal action themselves.
  • Environmental offenses– Campaigners and organisations have used private prosecutions against companies accused of pollution.
  • Intellectual property infringement– Businesses sometimes prosecute individuals or companies that violate trademarks or copyrights.
  • Serious assault or harassment– When victims feel law enforcement has not taken action, they may bring a private prosecution for violent or threatening behaviour.

Final Thoughts

Private prosecutions provide a way for individuals and organisations to seek justice when state bodies choose not to act. However, they require careful preparation, strong evidence, and significant financial resources. Given the complexities involved, legal advice is essential before pursuing this route. When used responsibly, private prosecutions can play a key role in ensuring accountability within the legal system.