Training & Knowledge: Private Prosecution

26th Feb 2019Newsletters

The Campaign Against Anti-Semitism v DPP

Introduction The recent case of Campaign Against Anti-Semitism v DPP [2019] EWHC 9 (Admin) provides a useful summary of when a private prosecution will be discontinued. It also serves as a reminder of the limited scenarios in which the High Court will allow a challenge to the DPP’s decision to discontinue. Background In June 2017, […]

26th Feb 2019Newsletters

Jurisdiction: Substantial Measures and Relevant Events

As readers will doubtless recall, in R. (on the application of Kay) v Leeds Magistrates’ Court [2018] EWHC 1233 Admin, a case concerning a private prosecution, Sweeney J, following R v West London Stipendiary Magistrate, ex parte Khan [1979] 1 WLR 933, DC, and subsequent authority, rehearsed the five key questions about which a magistrate […]

26th Feb 2019Newsletters

The Man Who Wasn’t There: Private Prosecutions, Extradition and Interpol

One of the factors that any private prosecutor should consider is the whereabouts of any prospective defendant.  What happens if a defendant is not in England and Wales when a private prosecutor applies for a summons?  What can a private prosecutor do to ensure the attendance at trial of a defendant who refuses to return […]

26th Feb 2019Newsletters

The Impact of Tactical Decisions on Parallel Proceedings

The parallel use of civil actions and private prosecutions is increasingly common, particularly in cases relating to alleged fraud.  Practitioners must, however, be alive to the risk that tactical decisions in one action may have a knock on effect in the parallel action. Such risks were brought to the fore recently in Gilani v Saddiq […]

26th Feb 2019Newsletters

Fingerprints and Forfeiture Without the Powers of the State

Matters that are routine in public prosecutions often pose greater difficulty for the private prosecutor, who does not have access to the resources available to the State.  This article will explore two such matters: obtaining a suspect’s fingerprints and, post-conviction, disposing of criminal property seized from a defendant. Fingerprints A private prosecutor may have an […]