Crime ยท private prosecution
Private prosecution barristers, instructed directly.
Where the state will not act, a barrister can advise on bringing a private prosecution, or defend you against one.
At a glance
Bringing a case
Assessing and conducting a private prosecution.
Defending
Acting for those facing a private prosecution.
Evidence and risk
Advice on viability, public interest and costs.
A private prosecution lets an individual or business bring criminal proceedings where the police or Crown Prosecution Service have declined to act, often in fraud or other cases causing serious loss. A barrister can advise on whether a prosecution is viable, prepare it properly, and conduct it, and can also defend those facing a private prosecution.
A barrister will assess the evidence and the public interest, the risks including costs, and represent you in court. Through Direct Access you can instruct a barrister directly for advice and many hearings, without going through a solicitor first.
Barristers are regulated by the Bar Standards Board.
Through Direct Access you can instruct a private prosecution barrister directly, without going through a solicitor first. Barristers are regulated by the Bar Standards Board (BSB).
When to bring in a barrister
The police or CPS have declined to prosecute
You have suffered serious loss through another's conduct
You are facing a private prosecution
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Frequently asked questions
Can a barrister bring a private prosecution directly?
Yes. Through Direct Access a barrister can advise on and conduct a private prosecution. Depending on its scale a litigator may also be needed, on which the barrister will advise.
Can a private prosecution be taken over?
Yes. The CPS can take over and sometimes stop a private prosecution. A barrister can advise on this risk before you commit.
What does it cost?
Barristers often agree a fixed or staged fee. There is no charge to enquire.
Related areas of law
Speak to a private prosecution barrister
Tell us about your matter. There is no charge to enquire.