Training & Knowledge: Criminal Prosecution - Private

17th Sep 2018Newsletters

Defending Private Prosecutions: Lessons To Be Learned

On 11th June 2018, after a re-trial lasting some six weeks, Mr Paul Sultana was convicted of one count of conspiracy to defraud Allseas SA Limited. The allegations arose out of a convoluted scheme which had offered Allseas significant returns on an investment of €100 million in 2011. When the deal unravelled, Mr Sultana was […]

17th Sep 2018Newsletters

Mixed & Ulterior Motives

The statutory right to bring a private prosecution, under s.6(1) of the Prosecution of Offences Act, is a rapidly expanding area of criminal law, particularly in matters involving economic crime where white collar private prosecutions allow aggrieved parties to seek redress in the criminal courts, often in tandem with civil proceedings. Prospective defendants are, however, […]

14th Sep 2018Newsletters

Disclosure In Private Prosecutions

Disclosure responsibilities There are two areas of responsibility: the responsibility to record and retain prosecution material and the responsibility to review and disclose prosecution material. “Prosecution material” is defined in section 3(2) of the Criminal Procedure and Investigations Act 1996 [‘CPIA’] as material: (a) which is in the prosecutor’s possession, and came into his possession […]

14th Sep 2018Newsletters

Who is the Private Prosecutor?

By section 6 of the Prosecution of Offences Act 1985, Parliament reaffirmed, albeit in qualified terms, the right of “any person” to bring a prosecution. Part 7 of the Criminal Procedure Rules 2015, providing for the commencement of a prosecution, refers to “a prosecutor” laying an information. A named individual At first blush, it appears […]

14th Sep 2018Newsletters

Restraint, Confiscation and Compensation in Private Prosecutions

Confiscation / Compensation In R (Virgin Media Ltd) v Zinga [2014] EWCA Crim 52, the Court of Appeal confirmed that a private prosecutor could institute confiscation proceedings by inviting the court to proceed under section 6 of the Proceeds of Crime Act 2002 (POCA). Virgin Media Ltd had commenced a private prosecution against the defendant […]

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