PRIVATE PROSECUTIONS - POLICE WON'T PROSECUTE?

PRIVATE PROSECUTIONS – POLICE WON’T PROSECUTE? DIY REMEDY?

A private prosecution is a criminal process started by an individual or private organisation instead of by a public prosecutor who represents the state.

Such a step is taken in the Magistrates’ Court but no arrest is required.

A written Application needs to be made to the Court or, unless legislation prohibits this, presented verbally to the Court with a written Statement of the allegation or allegations made.

The Court will normally make a decision as to whether to start the process by issuing a “Summons” without a Hearing but can fix a Hearing which will usually be in private.

If a Hearing is fixed and the Court concludes that the Application is “vexatious” (i.e. brought without sufficient grounds for winning, purely to cause annoyance to the defendant) or that the Applicant is blameworthy then it can make an Order for costs against the Applicant.

Here at mosshaselhurst we are happy to advise on private prosecution

email us now reception@mosshaselhurst.co.uk or call 01606 74301.