Private Prosecution Solicitors

What is a private prosecution?

A private prosecution is a criminal prosecution initiated by a private individual or entity rather than a public prosecutor, such as the CPS. Section 6(1) of the Prosecution of Offences Act 1985 gives any individual, company or organisation in England and Wales the right to initiate a private prosecution.

Private prosecutions help uphold justice in cases where state investigative agencies, such as the police, decide not to pursue a case further or lack the resources, time or expertise to address certain crimes.

Our private prosecution services span a range of case types that often require specialised expertise. That includes but is not limited to:

• Fraud — Financial misconduct, forgery, embezzlement, false representations, investment frauds, employee fraud, corruption and theft
• Intellectual property theft — Trademark or patent infringement and the theft of data
• Perjury — Lying under oath to mislead the court or perverting the course of justice
• Cryptocurrency fraud — The fraudulent use of digital assets, exchanges or blockchain-based transactions
• Harassment — Persistent or unlawful behaviour intended to distress, alarm or intimidate
• Computer Misuse Act offences — Unauthorised access to systems, data breaches and cyber-enabled wrongdoing

Private prosecutions provide a method of recourse for those who need swift, expert-driven action. At Edmonds Marshall McMahon, our private prosecution solicitors manage every case with precision, diligence and respect for legal standards.

How do private prosecutions work?

Private prosecutions mirror the procedures of public prosecutions. However, with a private prosecution, the client controls the speed of the investigation and prosecution, rather than relying on the police or CPS. That gives you more direct control over the process. Our team collaborates with forensic investigators, financial analysts, forensic accountants and other specialists to meticulously review evidence and build a robust case.

The key stages in a private prosecution typically include:

• Case review and evidence gathering — Collecting and analysing evidence to establish the viability of a prosecution
• Cross-border enquiries — Seeking evidence, witnesses or assets located in other jurisdictions, often with assistance from foreign authorities or cross border legal teams
• Issuing a summons — Applying to the Magistrates’ Court for the issue of a summons to initiate proceedings
• Court hearings — Representing the case before the Magistrates’ Court and the Crown Court, if required
• Asset recovery — Obtaining restraint orders to prevent the dissipation of assets, conducting confiscation proceedings and securing compensation for victims following a conviction

At Edmonds Marshall McMahon, our private prosecution lawyers manage every stage of the process, providing end-to-end support to ensure matters are prepared thoroughly, prosecuted effectively and driven towards a clear and enforceable outcome.

Why choose a private prosecution with EMM?

A private prosecution with Edmonds Marshall McMahon allows you to dictate the speed, efficiency, and direction of the prosecution, rather than relying on the public system. We do not take a one-size-fits-all approach. We build every case on detailed preparation, investigative insight and a tailored legal strategy designed to achieve effective outcomes.

Here’s why private prosecutions are often the right choice:

1. Control

As the prosecutor, you and your lawyers retain greater control over key decisions throughout the process, including strategy, evidential direction and the progression of the case. That ensures a more tailored and focused approach to the prosecution.

2. Speed

Unlike public prosecutions, which are often delayed by bureaucratic backlogs, private prosecutions usually proceed without unnecessary delays. That ensures justice is served in a timely manner, reducing the emotional and financial strain on victims.

3. Expertise in complex cases

Specialist matters such as financial crime and intellectual property offences demand deep technical expertise and legal precision. Our private prosecution solicitors and barristers bring extensive experience in these areas, with every case handled by knowledgeable practitioners who understand both the legal complexities and the strategies required to secure critical evidence.

Private prosecution FAQs