Private Prosecutions

Private Prosecutions

Our Team | FAQs

Bringing you justice

More and more people are finding it hard to get the police to investigate and prosecute criminal offences. If you have been a victim of fraud, assault or any other criminal offence, DV Solicitors can help.

It is a common misconception that only the police or Crown Prosecution Service can prosecute individuals or companies. The Prosecution of Offences Act 1985, section 6(1) provides the right for any individual or company, who has been affected by crime, to bring a private prosecution.

If you have been let down by the public authorities, a private prosecution will give you a chance to get justice. At DV Solicitors we are devoted to our clients and are extremely passionate about bringing those responsible to justice and restoring fairness.

Advantages of private prosecutions

It is not always appreciated but a private prosecution has a number of significant advantages in comparison, for example, with an equivalent action for deception, harassment or other wrongdoing in civil proceedings. The advantages of a private prosecution include:

1. Costs:

a. You are able to claim back your reasonable legal costs from Central Funds even if you lose or the case is withdrawn.

b. If the opponent is convicted, you can apply to the Court for an award of your full costs against the opponent, including not only the costs of prosecution proceedings but also the costs of prior investigation as well.

c. Unlike other proceedings, you will generally not have to pay the opponent’s legal costs if you lose your case.

d. There are no fees analogous to those imposed by the civil claims regime where you will generally have to pay 5% of the value of your claim to the Court before you can even start the process.

2. Speed. Criminal matters can be brought and dealt with by the Court much quicker than civil proceedings.

3. Wider powers of punishment. Criminal convictions carry a stigma and criminal courts have wider powers to punish, including hefty fines, confiscation of assets and imprisonment of the offender.

4. Victim compensation. On conviction of the offender, you can apply for a compensation order to obtain recompense for the loss or harm you have suffered as a result of the crime.

How we can help

At DV Solicitors every client is our utmost priority. You will receive expert advice and be guided every step of the way.

We often advise individuals and companies in relation to both criminal and civil remedies. Our multidisciplinary and flexible approach means that you will always be advised on the best course of action suited to your individual case.

Our dedicated team offers a comprehensive service, from initial advice through to criminal and/or civil proceedings and subsequent enforcement.

If you have been a victim of an offence, contact us on 01234 350 244 to see how we can help you.

Types of prosecutions

At DV Solicitors we have experience in a broad range of criminal prosecutions, but the most common are related to:

  • Fraud and/or misappropriation of money, for example by your business partner, employee, agent, executor of your relative’s estate;

  • Forgery;

  • Blackmail;

  • Harassment, for example by your landlord, ex-partner, colleague;

  • Assault;

  • Misleading or aggressive practices by a trader towards you as a consumer.

How we work with you

Firstly, we will consider and review available evidence that you have and assess the relative strengths and weaknesses of the case. If appropriate, we will advise you on any further steps that can be taken to strengthen your case. If there is sufficient evidence of the offence, we will start proceedings in the local Magistrates Court and guide you every step of the process.

Why instruct a solicitor

A private prosecution is a very serious step and it involves onerous statutory duties for the prosecutor. If you overlook these duties, the consequences for the success of the prosecution can be fatal and may also result in hefty costs penalties for you. We will guide you and represent you throughout the process to ensure you meet your legal obligations and put forward a case on the strongest grounds possible.

Contact us

If you are considering a private prosecution and would like to discuss your case and the options available to you, please contact us on 01234 350 244.

Danna Quinto
Danna Quinto

Head of Litigation

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Danna has extensive experience in general civil and family law litigation including commercial disputes, landlord/tenant matter, medical negligence, complex personal injury cases, probate disputes,  employment law, and financial dispute resolution.