What is a private prosecution?
A private prosecution is a criminal prosecution brought by someone
other than the Crown or other prosecuting authority (e.g. CPS or
HSE). Section 6(1) Prosecution of Offences Act 1985 expressly
allows any individual or company to bring a private prosecution.
Aside from this significant difference, private prosecutions
operate in exactly the same way as if the prosecution had been
brought by the Crown.
Why bring a private prosecution?
Private prosecutions are an excellent opportunity for insurers
to take the initiative and proactively fight fraudulent claims in
cases where there is sufficient evidence to defeat the traditional
civil claim.
Given the spectre of fraud pervades all types of insurance
claims, criminal prosecutions are a comprehensive approach that can
be applied to all fraud cases across all lines of business. Indeed
in many instances private prosecutions represent the only realistic
means of bringing criminal
