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Private prosecution is a valid legal method, that allows individuals, businesses or organizations who have been the victims of crime to pursue justice in the criminal courts by bringing a criminal case themselves, without the involvement of law enforcement agencies.Do I have the right to bring a private prosecution?
The right to bring a private prosecution goes back for centuries but, in modern times, has been preserved in statute by section 6 of the Prosecution of Offences Act 1985. In civil cases, there is always the risk of an adverse costs order.Can a private prosecution be a civil remedy?
Private prosecutions involve a criminal investigation and are dealt with in the same way as if the state were bringing a case. However, there may be circumstances where a civil remedy may be preferable. Deciding on the best approach will depend on the nature of the case and the desired outcome.What are the obstacles to pursuing a private prosecution?
One of the most prominent obstacles for anyone pursuing a private prosecution is proving that they have suffered an injury (whether physical or financial). It also requires a private prosecutor to make a deposit to the magistrate’s court to ensure that the case will be dealt with timeously. The exact amount is determined by the Minister of Justice.