Bringing a private prosecution for a fraud offence is the topic of the latest guidance document by the Fraud Advisory Panel.
A private prosecution is a criminal prosecution started by a private individual or body, who is not acting on behalf of the police or any other prosecuting authority or body that conducts prosecutions.
Any individual or body contemplating a private prosecution should seek professional legal advice from a specialist solicitor or barrister, the FAP advises. A private prosecution can be brought by any private individual or body – for example a company, a charity (such as the RSPCA), or a department store.
Where a person or a company is accused of fraud, criminal proceedings are usually brought as a result of a successful police investigation, and they are prosecuted by the Crown Prosecution Service (CPS) or the Serious Fraud Office (SFO). However, by commencing a private prosecution a corporate or individual victim can retain control of criminal proceedings and actively pursue a conviction against the accused, especially in cases where the prosecuting authorities are unwilling to bring proceedings. Private prosecutions can be used to tackle economic crime such as fraud and counterfeiting.
Visit https://www.fraudadvisorypanel.org/publications.php?c_id=19
