14/04/2023
How is Private Prosecution used (and abused)?
Private prosecution (PP) may be of great utility for the victim of a crime as it bypasses the need to interact with an increasingly overwhelmed bureaucratic system. At the same time, in some instances, private prosecution may hinder the rightful resolution of the matter; and could improperly benefit companies or individuals supposedly acting in the public interest.
Private prosecution is not exempt from misuse. This has been the case of a famous luxury mall against a Romanian citizen accused of theft for the value of 200£. At the time of the alleged theft, the company exercised its right to hold the defendant and questioned his actions, albeit never alerting the police of the matter in question. Successively, the company decided to proceed with the prosecution privately despite having the possibility to contact the police and possibly resolve the issue in loco rather than through court proceedings.
The legal representative of this luxury mall did not employ the right strategy by moving forward through PP, and their costs were not reimbursed as the reasoning for the reimbursement application and answers were “speculative”, as ruled by the judge.
As also stated by the Evening Standard courts correspondent Tristan Kirk, the aforementioned luxury mall had at least another shoplifting private prosecution, and CPS did take over once again, ultimately claiming the defendant innocent. In this instance, the mall’s legal representative had their legal costs reimbursed.
In sum, there are recurring instances of shoplifting resulting in private prosecutions rather than a swift conclusion through police response. In the case of reimbursement, these kinds of legal actions are far more costly for the judicial body and are a relevant source of income for many legal firms. Seeking a trustworthy legal representative with knowledge of these particularities of the law is necessary to have the best possibility for success in court.
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https://www.thecitysolicitors.com/post/how-is-private-prosecution-used-and-abused
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Private prosecution (PP) may be of great utility for the victim of a crime as it bypasses the need to interact with an increasingly overwhelmed bureaucratic system. At the same time, in some instances, private prosecution may hinder the rightful resolution of the matter; and could improperly benefit...