Private Prosecutions

With growing numbers of private prosecutions by individuals and organisations, whether instigating proceedings or responding to malicious prosecutions, 9BR Chambers brings considerable experience, clarity, and control for clients.

Individuals and organisations in England and Wales have a long-standing right to initiate criminal proceedings. The challenge is to progress these cases to conclusion.

Our barristers provide their expert advice and experience to companies, trade bodies and individuals that want to initiate a private prosecution. These prosecutions offer clients control over decision making in the conduct of their cases but may involve challenges to the institution of the proceedings and require thorough preparation and expert legal representation to ensure the progression of a case. Conversely, our expertise may be applied to support those targeted by ill-founded or malicious private prosecutions that should be dismissed.

We advise upon:

• prospects of success
• investigations and collection of evidence
• applying for and resisting the issue of a summons
• applications to the Director of Public Prosecutions to take over and stop a prosecution
• presenting, protection from and/or resisting abuse of process arguments, disclosure and MGC6 forms
• recovery of evidence from third parties using witness summonses
• protection against adverse costs risks and recovery of costs.