Private Prosecution meaning

This Checklist is intended to support solicitors advising on private prosecutions, and private prosecutors themselves, by outlining the principal advantages, challenges and pitfalls of private prosecutions, setting these alongside other forms of redress to provide clear illustration of how private prosecutions compare in practice overall. Advantages of bringing a private prosecution Key reasons to select a private prosecution over a public prosecution or a civil fraud claim include: the capacity to commence proceedings in circumstances where public prosecutors decline to act Private prosecutions are frequently commenced when public prosecutors refuse to bring charges against the prospective defendant...

See Practice Note: The investigation and prosecution of criminal offences in Scotland for information on criminal procedure in Scotland. This flowchart sets out the steps taken when a petition to the nobile officium of the High Court of Justiciary in Scotland is presented in relation to Scottish criminal proceedings. It should also be considered alongside Practice Note: Scottish criminal appeals—summary procedure...

Crypto wallets are digital instruments for holding and deploying digital assets. UK law enforcement have received enhanced, targeted powers to seize and access such wallets under the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Authorities may freeze, manage, and ultimately forfeit cryptoassets in seized wallets where the funds represent the proceeds of unlawful conduct. Entry to a crypto wallet can be achieved in two principal ways—by possessing the private key that unlocks the wallet (non-custodial wallets), or through a centralised crypto exchange or other third-party hosting service providers (custodial wallets). In this piece, we set out how UK agencies can identify and take control of wallets for investigation and later forfeiture, and explore the limits of compulsory powers, particularly where the cryptoassets sit in non-custodial wallets. Custodial and non-custodial crypto wallets Grasping the distinction between these two wallet types will determine how effective particular criminal investigation powers are to obtain and use cryptoassets. This is because cryptoassets held in a non-custodial wallet operate as bearer instruments,...

Scrutiny of the art market The recent conviction of art dealer Oghenochuko Ojiri for offences under the Terrorism Act 2000 (TA 2000) underscores the substantial risks facing art market professionals. Agents, galleries, dealers, and others trading in art operate within a regulatory regime that brings serious penalties for non-compliance, alongside the reputational harm that commonly follows any breach. Ojiri, the founder of Ramp Gallery, now operating as Ojiri Gallery, admitted eight counts under the TA 2000 for failing to make required disclosures while conducting business in a regulated sector. The prosecution concerned his sale of artwork worth about £140,000 to a suspected Hezbollah financier, sanctioned by the United States in 2019 and the United Kingdom in 2023. After entering guilty pleas, he received a sentence of two and a half years’ imprisonment. Although the first case of its kind, it serves as a clear warning to individuals and businesses across the art market that their conduct will be closely examined for compliance with anti-money laundering and counter-terrorism obligations...

Launched in October 2024 Unveiled in October 2024, the review is led by the Foreign, Commonwealth and Development Office in partnership with sanctions departments and agencies — HM Treasury (HMT), the Department for Business and Trade (DBT), the Department for Transport (DfT), HM Revenue and Customs (HMRC) and the National Crime Agency (NCA). It advances recommendations designed to facilitate compliance with UK sanctions, strengthen deterrence against breaches, and refresh the cross‑government sanctions enforcement toolkit. In our analysis, we examine these recommendations and determine that they are unlikely to fulfil the UK government’s ambitions, as articulated in the review: to ‘support the private sector to understand and comply with sanctions’ while ‘punish serious breaches with large fines or criminal prosecution’...

This Practice Note explores in detail how restraint orders, confiscation proceedings and compensation orders are deployed in private prosecutions. Restraint orders in private prosecution proceedings For an overarching guide to the operation, mechanics and effect of restraint orders in general, see: Restraint and confiscation—overview. A restraint order operates to freeze property and to preserve a defendant’s assets so that they remain available to meet any confiscation order imposed following a successful prosecution and conviction. For further background, see Practice Note: Restraint orders—What is a restraint order? Applications seeking restraint orders are made in the Crown Court under the Proceeds of Crime Act 2002 (POCA 2002) and can be pursued before any arrest has occurred and/or before proceedings have commenced (commonly described as pre-charge restraint orders), or later within an investigation or prosecution, including post conviction. POCA 2002, s 40 identifies five circumstances in which the Crown Court may make a restraint order. For additional information, see Practice Note: Restraint orders—Conditions for the grant of a restraint order and...

A new protocol, the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol) A fresh protocol—'the disclosure of information between family and criminal agencies and jurisdictions' (the 2024 protocol)—was published in February 2024, superseding the October 2013 protocol and good practice model (disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings). From 1 March 2024, it governs the sharing of information and material between criminal and family agencies and jurisdictions. It covers all private and public family law proceedings, including contemplated public law cases, and all material in police possession. A working group comprising the judiciary, local authorities, police and the Crown Prosecution Service will review it in 2025. This Practice Note outlines the general approach to public children care proceedings where criminal proceedings are concurrent or imminent, addressing the Family Procedure Rules 2010 (FPR 2010), case management considerations, the 2024 protocol, and guidance on post-conviction disclosure from bodies such as HM Prison and Probation Service (HMPPS). A...

This Practice Note offers a comprehensive primer on the UK’s anti‑money laundering (AML), counter‑terrorist financing (CTF) and countering proliferation financing (CPF) regime as it applies to financial services firms. It outlines: money laundering (ML), terrorist financing (TF) and proliferation financing (PF) the AML/CTF/CPF framework for financial services, including the Financial Conduct Authority’s (FCA) role the UK’s statutory AML/CTF framework relevant FCA Handbook rules and guidance Joint Money Laundering Steering Group (JMLSG) Guidance the responsibilities of a firm’s Money Laundering Reporting Officer (MLRO) FCA AML/CTF reporting obligations: REP‑CRIM the Economic Crime (Anti‑Money Laundering Levy) a snapshot of key participants in the UK AML/CTF landscape for financial services UK AML/CTF legislative proposals, action plans and reforms impacting financial services For information on the FCA’s AML/CTF supervisory priority areas and sectors, common breaches of AML/CTF obligations, and ensuing FCA enforcement action and prosecutions, see Practice Note: Introduction to FCA supervisory and enforcement focus on AML/CTF requirements. What...

In England and Wales, local authorities are treated as public, not private, prosecutors. This status stems chiefly from their prosecuting powers expressly arising under statutory provisions in law. Specifically, section 222 of the Local Government Act 1972 (LGA 1972) furnishes them with authority to prosecute...