What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK? The 2019 Stack Overflow Developer Survey Results Are InPolice misconduct: Who could be charged?Police not accepting “Signature Forgery” report only because in the past we have signed some other authentic papers with perpetratorCompany knowingly debit fees it is not due from bank account and does not return it: is this fraud or theft?Major difference between criminal and civil law being that there has to be no specific victim in former?What does “procedural defenses” mean?Why would a police force hold off on charging someone? Can they do this?UK law - what is the process of convicting a defendant of a lesser offence than the charge?Is a fraudster liable for losses in this situation?Why are some obvious fraudster not in jail?Is there any case law on counsel perpetrating ruses on witnesses?

Star Trek - X-shaped Item on Regula/Orbital Office Starbases

What could be the right powersource for 15 seconds lifespan disposable giant chainsaw?

Can a rogue use sneak attack with weapons that have the thrown property even if they are not thrown?

Pokemon Turn Based battle (Python)

How much of the clove should I use when using big garlic heads?

Get name of standard action overriden in Visualforce contorller

Why don't hard Brexiteers insist on a hard border to prevent illegal immigration after Brexit?

Merge two greps into single one

Worn-tile Scrabble

How can I add encounters in the Lost Mine of Phandelver campaign without giving PCs too much XP?

Loose spokes after only a few rides

What is the motivation for a law requiring 2 parties to consent for recording a conversation

Why doesn't UInt have a toDouble()?

Is it ethical to upload a automatically generated paper to a non peer-reviewed site as part of a larger research?

Mathematics of imaging the black hole

Is it okay to consider publishing in my first year of PhD?

Why are there uneven bright areas in this photo of black hole?

If I score a critical hit on an 18 or higher, what are my chances of getting a critical hit if I roll 3d20?

Using xargs with pdftk

Why didn't the Event Horizon Telescope team mention Sagittarius A*?

Will it cause any balance problems to have PCs level up and gain the benefits of a long rest mid-fight?

Why not take a picture of a closer black hole?

If a sorcerer casts the Banishment spell on a PC while in Avernus, does the PC return to their home plane?

What to do when moving next to a bird sanctuary with a loosely-domesticated cat?



What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?



The 2019 Stack Overflow Developer Survey Results Are InPolice misconduct: Who could be charged?Police not accepting “Signature Forgery” report only because in the past we have signed some other authentic papers with perpetratorCompany knowingly debit fees it is not due from bank account and does not return it: is this fraud or theft?Major difference between criminal and civil law being that there has to be no specific victim in former?What does “procedural defenses” mean?Why would a police force hold off on charging someone? Can they do this?UK law - what is the process of convicting a defendant of a lesser offence than the charge?Is a fraudster liable for losses in this situation?Why are some obvious fraudster not in jail?Is there any case law on counsel perpetrating ruses on witnesses?










5















Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no practical purpose to litigating in civil court for restitution or other damages. Also for whatever reason, the police and CPS - being stereotypically overworked - aren't very interested.



That said, the evidence of substantial premeditated fraud (say 5 figures) is close to rock solid, and the victim being legally trained feels the fraudster shouldn't get off scot free, and is therefore motivated towards private prosecution of the illegality, in lieu of police action.



So my question is, what would a person need to do, and what exactly happens thereafter (procedure-wise and in practice), if they decided to bring a private prosecution for the alleged offence?



I'm also assuming no issues with the actual evidence, so that a reasonable judge/jury viewing the evidence would agree it is very strong and pretty much "speaks for itself". (Meaning, if the case were heard, it's the kind of case where the court might comment at some point in their ruling, that they cannot understand why the police did not prosecute and left it to the victim, or something like that)



Within this, there are two side-aspects that - if there are any comments - I'd be interested. Namely, how do courts typically view the request to bring such a case, insofar as such a filing certainly wouldn't be typical or "usual", and to what extent if any is passage of time since the alleged offence relevant to the court (since there's no Limitation Act barrier)?



Note - things that might be relevant in real-world cases but aren't relevant to this question:



  1. I'm not concerned with issues of legal cost, nor of the risk of any financial impact if the case were unsuccessful, although I would be interested to know any circumstances where the victim might end up having to pay money beyond their legal + filing fees for bringing the case. The victim is legally capable or has a lawyer, can afford the case, and feels that the fraud shouldn't be scot free just because no civil recovery is possible.

  2. I'm not asking about quality of evidence - we can assume for this question, that the evidence is very strong, certainly enough for a good prima facie case and more than likely "beyond any reasonable doubt".

  3. I'm not looking for ways that civil damages might be recoverable, I'm assuming simply that they aren't, as a premise of the question.

  4. I'm assuming the fraudster remains within jurisdiction, so papers can be effectively served and procedures followed.









share|improve this question




























    5















    Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no practical purpose to litigating in civil court for restitution or other damages. Also for whatever reason, the police and CPS - being stereotypically overworked - aren't very interested.



    That said, the evidence of substantial premeditated fraud (say 5 figures) is close to rock solid, and the victim being legally trained feels the fraudster shouldn't get off scot free, and is therefore motivated towards private prosecution of the illegality, in lieu of police action.



    So my question is, what would a person need to do, and what exactly happens thereafter (procedure-wise and in practice), if they decided to bring a private prosecution for the alleged offence?



    I'm also assuming no issues with the actual evidence, so that a reasonable judge/jury viewing the evidence would agree it is very strong and pretty much "speaks for itself". (Meaning, if the case were heard, it's the kind of case where the court might comment at some point in their ruling, that they cannot understand why the police did not prosecute and left it to the victim, or something like that)



    Within this, there are two side-aspects that - if there are any comments - I'd be interested. Namely, how do courts typically view the request to bring such a case, insofar as such a filing certainly wouldn't be typical or "usual", and to what extent if any is passage of time since the alleged offence relevant to the court (since there's no Limitation Act barrier)?



    Note - things that might be relevant in real-world cases but aren't relevant to this question:



    1. I'm not concerned with issues of legal cost, nor of the risk of any financial impact if the case were unsuccessful, although I would be interested to know any circumstances where the victim might end up having to pay money beyond their legal + filing fees for bringing the case. The victim is legally capable or has a lawyer, can afford the case, and feels that the fraud shouldn't be scot free just because no civil recovery is possible.

    2. I'm not asking about quality of evidence - we can assume for this question, that the evidence is very strong, certainly enough for a good prima facie case and more than likely "beyond any reasonable doubt".

    3. I'm not looking for ways that civil damages might be recoverable, I'm assuming simply that they aren't, as a premise of the question.

    4. I'm assuming the fraudster remains within jurisdiction, so papers can be effectively served and procedures followed.









    share|improve this question


























      5












      5








      5


      1






      Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no practical purpose to litigating in civil court for restitution or other damages. Also for whatever reason, the police and CPS - being stereotypically overworked - aren't very interested.



      That said, the evidence of substantial premeditated fraud (say 5 figures) is close to rock solid, and the victim being legally trained feels the fraudster shouldn't get off scot free, and is therefore motivated towards private prosecution of the illegality, in lieu of police action.



      So my question is, what would a person need to do, and what exactly happens thereafter (procedure-wise and in practice), if they decided to bring a private prosecution for the alleged offence?



      I'm also assuming no issues with the actual evidence, so that a reasonable judge/jury viewing the evidence would agree it is very strong and pretty much "speaks for itself". (Meaning, if the case were heard, it's the kind of case where the court might comment at some point in their ruling, that they cannot understand why the police did not prosecute and left it to the victim, or something like that)



      Within this, there are two side-aspects that - if there are any comments - I'd be interested. Namely, how do courts typically view the request to bring such a case, insofar as such a filing certainly wouldn't be typical or "usual", and to what extent if any is passage of time since the alleged offence relevant to the court (since there's no Limitation Act barrier)?



      Note - things that might be relevant in real-world cases but aren't relevant to this question:



      1. I'm not concerned with issues of legal cost, nor of the risk of any financial impact if the case were unsuccessful, although I would be interested to know any circumstances where the victim might end up having to pay money beyond their legal + filing fees for bringing the case. The victim is legally capable or has a lawyer, can afford the case, and feels that the fraud shouldn't be scot free just because no civil recovery is possible.

      2. I'm not asking about quality of evidence - we can assume for this question, that the evidence is very strong, certainly enough for a good prima facie case and more than likely "beyond any reasonable doubt".

      3. I'm not looking for ways that civil damages might be recoverable, I'm assuming simply that they aren't, as a premise of the question.

      4. I'm assuming the fraudster remains within jurisdiction, so papers can be effectively served and procedures followed.









      share|improve this question
















      Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no practical purpose to litigating in civil court for restitution or other damages. Also for whatever reason, the police and CPS - being stereotypically overworked - aren't very interested.



      That said, the evidence of substantial premeditated fraud (say 5 figures) is close to rock solid, and the victim being legally trained feels the fraudster shouldn't get off scot free, and is therefore motivated towards private prosecution of the illegality, in lieu of police action.



      So my question is, what would a person need to do, and what exactly happens thereafter (procedure-wise and in practice), if they decided to bring a private prosecution for the alleged offence?



      I'm also assuming no issues with the actual evidence, so that a reasonable judge/jury viewing the evidence would agree it is very strong and pretty much "speaks for itself". (Meaning, if the case were heard, it's the kind of case where the court might comment at some point in their ruling, that they cannot understand why the police did not prosecute and left it to the victim, or something like that)



      Within this, there are two side-aspects that - if there are any comments - I'd be interested. Namely, how do courts typically view the request to bring such a case, insofar as such a filing certainly wouldn't be typical or "usual", and to what extent if any is passage of time since the alleged offence relevant to the court (since there's no Limitation Act barrier)?



      Note - things that might be relevant in real-world cases but aren't relevant to this question:



      1. I'm not concerned with issues of legal cost, nor of the risk of any financial impact if the case were unsuccessful, although I would be interested to know any circumstances where the victim might end up having to pay money beyond their legal + filing fees for bringing the case. The victim is legally capable or has a lawyer, can afford the case, and feels that the fraud shouldn't be scot free just because no civil recovery is possible.

      2. I'm not asking about quality of evidence - we can assume for this question, that the evidence is very strong, certainly enough for a good prima facie case and more than likely "beyond any reasonable doubt".

      3. I'm not looking for ways that civil damages might be recoverable, I'm assuming simply that they aren't, as a premise of the question.

      4. I'm assuming the fraudster remains within jurisdiction, so papers can be effectively served and procedures followed.






      criminal-law united-kingdom rules-of-court process private






      share|improve this question















      share|improve this question













      share|improve this question




      share|improve this question








      edited Nov 2 '17 at 18:26







      Stilez

















      asked Nov 2 '17 at 18:07









      StilezStilez

      1,008311




      1,008311




















          1 Answer
          1






          active

          oldest

          votes


















          0














          It's quite straightforward.



          Section 6(1) of the Prosecution of Offences Act (1985) preserves the right for private persons to initiate criminal proceedings.



          You would have to find a solicitor, and instruct him that you would like to bring criminal proceedings against the defendant. He would in turn instruct a barrister (hopefully someone who already does a lot of prosecution work for the CPS) as advocate for the proceedings.



          You do have to note that the Director of Public Prosecutions reserves the right to take over the case.





          share























            Your Answer








            StackExchange.ready(function()
            var channelOptions =
            tags: "".split(" "),
            id: "617"
            ;
            initTagRenderer("".split(" "), "".split(" "), channelOptions);

            StackExchange.using("externalEditor", function()
            // Have to fire editor after snippets, if snippets enabled
            if (StackExchange.settings.snippets.snippetsEnabled)
            StackExchange.using("snippets", function()
            createEditor();
            );

            else
            createEditor();

            );

            function createEditor()
            StackExchange.prepareEditor(
            heartbeatType: 'answer',
            autoActivateHeartbeat: false,
            convertImagesToLinks: false,
            noModals: true,
            showLowRepImageUploadWarning: true,
            reputationToPostImages: null,
            bindNavPrevention: true,
            postfix: "",
            imageUploader:
            brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
            contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
            allowUrls: true
            ,
            noCode: true, onDemand: true,
            discardSelector: ".discard-answer"
            ,immediatelyShowMarkdownHelp:true
            );



            );













            draft saved

            draft discarded


















            StackExchange.ready(
            function ()
            StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f23758%2fwhat-is-involved-other-than-financial-evidence-aspects-in-bringing-a-private%23new-answer', 'question_page');

            );

            Post as a guest















            Required, but never shown

























            1 Answer
            1






            active

            oldest

            votes








            1 Answer
            1






            active

            oldest

            votes









            active

            oldest

            votes






            active

            oldest

            votes









            0














            It's quite straightforward.



            Section 6(1) of the Prosecution of Offences Act (1985) preserves the right for private persons to initiate criminal proceedings.



            You would have to find a solicitor, and instruct him that you would like to bring criminal proceedings against the defendant. He would in turn instruct a barrister (hopefully someone who already does a lot of prosecution work for the CPS) as advocate for the proceedings.



            You do have to note that the Director of Public Prosecutions reserves the right to take over the case.





            share



























              0














              It's quite straightforward.



              Section 6(1) of the Prosecution of Offences Act (1985) preserves the right for private persons to initiate criminal proceedings.



              You would have to find a solicitor, and instruct him that you would like to bring criminal proceedings against the defendant. He would in turn instruct a barrister (hopefully someone who already does a lot of prosecution work for the CPS) as advocate for the proceedings.



              You do have to note that the Director of Public Prosecutions reserves the right to take over the case.





              share

























                0












                0








                0







                It's quite straightforward.



                Section 6(1) of the Prosecution of Offences Act (1985) preserves the right for private persons to initiate criminal proceedings.



                You would have to find a solicitor, and instruct him that you would like to bring criminal proceedings against the defendant. He would in turn instruct a barrister (hopefully someone who already does a lot of prosecution work for the CPS) as advocate for the proceedings.



                You do have to note that the Director of Public Prosecutions reserves the right to take over the case.





                share













                It's quite straightforward.



                Section 6(1) of the Prosecution of Offences Act (1985) preserves the right for private persons to initiate criminal proceedings.



                You would have to find a solicitor, and instruct him that you would like to bring criminal proceedings against the defendant. He would in turn instruct a barrister (hopefully someone who already does a lot of prosecution work for the CPS) as advocate for the proceedings.



                You do have to note that the Director of Public Prosecutions reserves the right to take over the case.






                share











                share


                share










                answered 47 secs ago









                Shazamo MorebucksShazamo Morebucks

                3,0721827




                3,0721827



























                    draft saved

                    draft discarded
















































                    Thanks for contributing an answer to Law Stack Exchange!


                    • Please be sure to answer the question. Provide details and share your research!

                    But avoid


                    • Asking for help, clarification, or responding to other answers.

                    • Making statements based on opinion; back them up with references or personal experience.

                    To learn more, see our tips on writing great answers.




                    draft saved


                    draft discarded














                    StackExchange.ready(
                    function ()
                    StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f23758%2fwhat-is-involved-other-than-financial-evidence-aspects-in-bringing-a-private%23new-answer', 'question_page');

                    );

                    Post as a guest















                    Required, but never shown





















































                    Required, but never shown














                    Required, but never shown












                    Required, but never shown







                    Required, but never shown

































                    Required, but never shown














                    Required, but never shown












                    Required, but never shown







                    Required, but never shown







                    Popular posts from this blog

                    Era Viking Índice Início da Era Viquingue | Cotidiano | Sociedade | Língua | Religião | A arte | As primeiras cidades | As viagens dos viquingues | Viquingues do Oeste e Leste | Fim da Era Viquingue | Fontes históricas | Referências Bibliografia | Ligações externas | Menu de navegação«Sverige då!»«Handel I vikingetid»«O que é Nórdico Antigo»Mito, magia e religião na volsunga saga Um olhar sobre a trajetória mítica do herói sigurd«Bonden var den verklige vikingen»«Vikingatiden»«Vikingatiden»«Vinland»«Guerreiras de Óðinn: As Valkyrjor na Mitologia Viking»1519-9053«Esculpindo símbolos e seres: A arte viking em pedras rúnicas»1679-9313Historia - Tema: VikingarnaAventura e Magia no Mundo das Sagas IslandesasEra Vikinge

                    What's the metal clinking sound at the end of credits in Avengers: Endgame?What makes Thanos so strong in Avengers: Endgame?Who is the character that appears at the end of Endgame?What happens to Mjolnir (Thor's hammer) at the end of Endgame?The People's Ages in Avengers: EndgameWhat did Nebula do in Avengers: Endgame?Messing with time in the Avengers: Endgame climaxAvengers: Endgame timelineWhat are the time-travel rules in Avengers Endgame?Why use this song in Avengers: Endgame Opening Logo Sequence?Peggy's age in Avengers Endgame

                    Which organization defines CJK Unified Ideographs? The Next CEO of Stack OverflowCharacters which have several different shapesHow useful are the kanji in reading Chinese?Can Chinese readers scan large amounts of text faster/more accurately than their alphabet-using counterparts?丼: why is “well” also “bowl of food”?What Does Unicode 8.0 Mean For Chinese?How are blanks indicated for placeholders in Chinese (like ???)Is there a dictionary of standard character variants?How to display CJK Extension F?How is it decided as to which character is used on the tech terminology?How does 子 come to mean 'midnight'?