Private Prosecution

Chambers has been at the forefront of Private Prosecutions for a number of years. Our Members are experienced in advising on Private Prosecutions, including in complex cross jurisdictional matters and cases of the highest sensitivity, both on behalf of the Private Prosecutor but also those facing such proceedings.

Chambers have collaborative, professional working relationships with leading investigation teams working domestically and internationally, and experienced litigators. We are able to offer objective, timely advice, aware of our duties and obligations. Our Members have been previously instructed to review the work of other firms and Chambers, in this highly specialised field.

Our Team has extensive experience in dealing with complex disclosure management issues in relation to Private Prosecutions, and are well versed in the preparation of Disclosure Management Documents led by Disclosure Juniors. We have specific experience in advising as to prosecution disclosure obligations, impact of Legal Professional Privilege and the interplay of concurrent or former proceedings (criminal, civil and family).

Our Members have experience in advising and representing both as prosecution and defence Counsel in respect of issues raised under the Environmental Protection Act 1990. These include Private Prosecutions brought by private tenants and Local Authorities, as well as the provision of pre-charge advice to private landlords.

Our Private Prosecution Team regularly meet and keep up to date with all new developments and are available to discuss new cases and give provisional opinions as to the merits of a Private Prosecution on a case-by-case basis, accepting direct access instructions where appropriate.

 

Recent examples include:

  • Advising and acting in a high-profile misconduct in public office case, including an application for leave to the Supreme Court
  • The largest Private Prosecution brought by a local authority, against a landlord and her associates, resulting in guilty verdicts after a lengthy trial defended by Silks.
  • Leading and Junior Counsel for the prosecution in an appeal to the Court of Appeal against conviction and sentence. The Appellant is represented by two King’s Counsel
  • Advising in a sensitive case following the death of a British national abroad arising from the alleged negligence of the pilot, resulting in a fatal plane crash
  • Leading and Junior Defence Counsel in High Court proceedings, arising from prosecution non-compliance with the Duty of Candour at the point of laying of information in the Magistrates’ Court
  • Prosecuting in Private Prosecutions brought by Local Authorities and private tenants under the Environmental Protection Act
  • Defending Private Prosecutions brought under the Environmental Protection Act
  • A successful Prosecution of a company for a fatality at work arising from a fall
  • Advising and reviewing a Private Prosecution of a £30m+ fraud and the conduct of the previously instructed legal teams
  • Acting as Disclosure Counsel in complex fraud Private Prosecutions
  • Prosecution of a cross jurisdictional fraud following successful civil proceedings
  • Defending in a Private Prosecution brought by a police employee
  • Advising pre-charge as to a Private Prosecution considered against a Police Officer