Michael Polak speaks on Private Prosecutions at the Young Commonwealth Lawyers Virtual Conference
Last week, on 14 May 2026, Michael Polak spoke at the Young Commonwealth Lawyers Association’s 3rd Virtual Conference, held in partnership with the African Law Students’ Association, under the theme “Comparative Legal Traditions and Modern Legal Practice” on the panel “Understanding Fraud in Practice: A young lawyer’s guide on detection and response.”
The conference brought together lawyers and law students from across the Commonwealth to exchange ideas and professional experiences across jurisdictions.
As part of the conference programme, Michael delivered a presentation on private prosecutions, addressing their continuing importance within the criminal justice system of England and Wales to protect the rule of law when state bodies refuse to investigate or prosecution. The presentation covered who may bring a private prosecution, how the process begins, and how such proceedings move through the ordinary criminal procedure.
Michael emphasised that private prosecutions can be “a powerful protector of the rule of law and access to justice where state prosecutions are unavailable”; however, given the serious consequences which can follow from criminal proceedings, he also stated that appropriate safeguards must exist to ensure that they are conducted fairly and responsibly.
Michael also addressed the safeguards that apply to private prosecutions and explained that private prosecutors remain subject to the same standards of fairness, disclosure obligations, evidential rules, and burden of proof as public prosecutors.
The session also considered the use of private prosecutions in fraud cases, where victims, companies or organisations may already have gathered substantial evidence through internal investigations, civil proceedings, or private investigators. Michael discussed both the advantages and risks of private prosecutions, including access to justice, control over case preparation, costs, reputational considerations, and the possibility of CPS intervention to take over and discontinue private prosecutions.
The session contributed to the conference’s wider focus on comparative legal traditions and modern legal practice, offering attendees practical insight into a distinctive mechanism within the criminal justice system of England and Wales.
Michael can be instructed for private prosecution, international civil matters, arbitration, international law, human rights, or criminal matters by contacting his clerks by email (clerks@churchcourtchambers.co.uk) or phone on +44 020 7936 3637
