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09 December 2022 / Nicola Sharp
Issue: 8006 / Categories: Features , Profession
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Private prosecutions: strengthening the case?

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Nicola Sharp assesses the use of private prosecutions & the value of seeking expert advice
  • Explains how a private prosecution is brought and why bringing one can be the most appropriate option.
  • Outlines the extent to which there has to be a UK connection in order to bring a private prosecution.
  • Emphasises the need to seek advice to assess the strength of the case before bringing a private prosecution.

When Rahman Ravelli asked how many private prosecutions had been put before the Crown Prosecution Service (CPS) for review between 2017–22, we were guaranteed an answer. After all, the CPS was obliged to supply the information requested under the Freedom of Information (FOI) Act 2000.

Yet while it came, the answer was far from comprehensive. In its response, the CPS stated that, drawing on its manual records, it had reviewed 110 private prosecution referrals since 2019. But it added that it does not maintain an authoritative central record of the number of private prosecutions that the CPS had actually taken over after such reviews. Once a private prosecution has

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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