A private prosecution must be built to withstand independent scrutiny.

A private prosecution may provide a route where a public authority has declined to proceed, but it is not simply a private version of a civil claim. The prosecutor assumes important duties of fairness, disclosure and candour. We assess the evidence, prepare the case and instruct specialist counsel where proceedings are justified.

Request an initial prosecution assessment

When a private prosecution may be appropriate

A report to the police, Action Fraud or another public body has produced no investigation or charge, and the facts may still support a criminal case.
The loss is serious enough that proceedings in the magistrates’ court or the Crown Court are a realistic option, not a gesture.
You need a written view on merit, disclosure and cost before committing to a prosecution file.

When another route may be better

A civil claim, regulatory report or further investigation may be more proportionate where the criminal evidential test is not met or recovery is the primary objective. We address that choice at the beginning rather than treating prosecution as the automatic answer.

Prosecutorial duties

A private prosecution is a criminal case brought by someone other than the Crown. Section 6 of the Prosecution of Offences Act 1985 preserves that right. The case is judged to the same standard as a public prosecution: the Criminal Procedure and Investigations Act 1996 disclosure duties apply, and the Criminal Procedure Rules apply in the magistrates’ court and the Crown Court. The Crown Prosecution Service may take the case over under section 6(2) of the 1985 Act.

How a prosecution file is built

Initial evidence assessment. We review what is already in hand, identify gaps, and say whether the facts can meet the criminal standard and whether the likely cost is proportionate.
Investigation and witness evidence. Statements, continuity and source records are assembled so the file can be tested. Unused material is identified as the enquiry proceeds, not at the last minute.
Disclosure and prosecutorial duties. Schedules and unused material are prepared on the assumption that the defence and, if it takes the case over, the CPS will read the file cold.
Commencing proceedings and instructing counsel. If proceedings are justified, the charge decision is taken, the case is issued, and specialist counsel is instructed for advocacy. We do not invent a trial date.
Costs, timescales and principal risks. Fees, disbursements, the possibility of a costs order, and the separate question of confiscation or compensation after any conviction are set out in writing before the case is issued.

Principal risks

The CPS can take the case over, continue it, or stop it.
A weak file will be tested in disclosure and at trial. Costs, including a possible costs order, can follow a failed case.
A defendant who has spent or moved the money may leave little to recover even after conviction.

Fees

We agree the scope and charging basis before substantive work begins. Most matters are charged by reference to time; a fixed fee may be available for a clearly defined preliminary review. Full rates and terms are on the Pricing page.

Who is responsible

Each matter is supervised by a named solicitor. Specialist investigators and forensic professionals are introduced where their expertise is needed, with their role and status explained. Job titles on this site are not a reserved-activity authorisation. Confirm current authorised individuals on the Regulatory information page and the public SRA record.

Questions we are asked

The police have closed my report. Can you still prosecute?

Sometimes. A declined public investigation does not create a right to a private one. We look at whether the evidence can meet the criminal standard and whether the cost is proportionate.

Is a private prosecution always the right route?

No. A civil claim, a freezing application, a regulatory report or no further step may be the better answer. We address that before you commit.

Can this run at the same time as a civil claim?

Yes, where the facts support both. Restraint, confiscation, freezing and a civil claim are sequenced so one does not wreck the other.

Who appears in court?

Instructed counsel, in the magistrates’ court or the Crown Court as the case requires.

Will the CPS take it over?

They may. Section 6(2) of the Prosecution of Offences Act 1985 allows it. We plan the file on that basis.

How long until trial?

It depends on the court diary, disclosure and whether the case is summary, either-way or indictable. We will not invent a hearing date.

What does it cost if we lose?

You remain responsible for our fees and disbursements as agreed in the retainer, and there is a risk of a costs order. We set that out in writing before the case is issued.

Request an initial prosecution assessment.

Give us a concise account of the allegation, what has already been reported, and the evidence you hold. Do not send original identity documents through this form.