Private Prosecutions.
At Crucible we know that it can sometimes be very difficult to achieve justice when you have been wronged. This could be due to a shortage of resources, a lack of understanding about the evidence that you hold and the damage sustained, or of interest in your complaint. In recent years this has increasingly meant that public investigators and prosecutors do not, or cannot, pursue your case.
At Crucible we have barristers who are experts in private prosecutions. We give our clients, both private individuals and businesses, the opportunity to hold people accountable when they have acted outside of the law.
We can assist you at every stage, from the outset of an internal investigation through to appearing on your behalf to prosecute the trial in the Magistrates’ or Crown Courts.
Commencing a private prosecution is a serious step which should not be taken lightly. However, where and when private prosecutions are taken, they can offer a highly effective remedy to obtain redress. It is important from the outset that you assemble the correct team around you with the necessary expertise and ability. The earlier that you that you take these steps, the greater degree of strategic control you will have over the process, including the essential case preparation required before a decision is taken to charge.
On occasion, following a review of the details of the issue, a private prosecution may not always be the most appropriate response for you or your organisation, and if that is the case, we will advise you of this. However, even then, we may be able to assist you in making further representations to the appropriate State prosecutor so that they are prepared to adopt the case. This is particularly the case, where for example, the evidence is complex or may have appeared difficult to acquire and, through our work, we can assist a State prosecutor in identifying the essential evidence to prove that a criminal offence has been committed.
Private prosecutions are not funded by the State. This means that you will not be able to obtain legal aid to fund your investigation or case, and therefore controlling the costs is something that you will need to consider. Much like our Investigations team, the earlier we become involved in any potential litigation the better we can advise you on the correct procedures and necessary preparation. We are experts in criminal procedure and investigations but are also very commercially aware of the pressures our clients maybe under. We will assist you to manage your costs appropriately and reasonably, whilst meeting all the key obligations which accompany a private prosecution.
Our advice and case preparation will be aimed at obtaining the most cost-effective and positive outcome we can.
