We wrote in June 2018 about the key issues to consider in making
the decision whether or not to pursue a private prosecution and in
what circumstances it might be the right option (see
here). In light of continuing budget restrictions faced by
enforcement agencies and the police, private prosecutions remain on
the agenda and an option to be considered in the right
circumstances.
A private prosecution is a criminal prosecution commenced by a
private individual or entity who is not acting on behalf of the
police or any other prosecuting authority. Bringing a private
prosecution is fraught with difficulty for the uninitiated. Lawyers
acting for the "prosecuting party" face unique problems
as they have to balance, amongst other things, the fundamental
obligation to act in the public interest and to act as a minister
of justice. These obligations will not always be aligned with the
interests of the client who has instructed them to pursue the
prosecution. A private
