The prosecution of alleged criminals for wrongdoing is generally the domain of the Crown and its specialist agencies. But increasing budgetary constraints on investigating and prosecution agencies mean that a significant number of miscreants are able to avoid being held to account in the Criminal Courts for their actions.
When State prosecutors decide that they cannot or will not prosecute, the law allows private individuals to prosecute allegations of wrong-doing. Initiating a private prosecution puts you in court as the prosecutor, adopting the mantle of the prosecution agency.
Private prosecutions are a specialist area of the law. The right to prosecute, and seek punishment of offenders, brings with it the responsibility of ensuring a fair trial and the obligation to conform to all the rules applicable to any prosecuting agency. Those rules are often complex and diffuse.
At Libertas Chambers, our barristers are experienced at liaising with potential prosecuting authorities and advising how to assemble the best case for the prosecution, taking the case to court and seeking justice, even where the Crown Prosecution Service or other prosecution agencies cannot or will not act. Importantly, this includes continuing advice on the recovery of compensation and some or all of the costs of litigation from defendants or from Central Funds.
We start by helping you assess your evidence, advising you on the right forum in which to litigate, and on the merits of your case, then working with the best private prosecution solicitors to put together and finally to present your case at trial, ensuring continuity of representation and consistency of approach.