Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Private Prosecution definition

What does Private Prosecution mean? A private prosecution is a criminal case started by an individual or organisation rather than by the state. In England and Wales the right is preserved by section 6(1) of the Prosecution of Offences Act 1985; the Crown Prosecution Service (CPS), on behalf of the DPP, may take over and continue or discontinue. Any offence requiring Attorney General or DPP consent still needs that consent. Proceedings are usually begun by laying an information under the Magistrates' Courts Act 1980. Private prosecutors owe the same duties of fairness and disclosure under the CPIA 1996 and are subject to abuse of process...

Civil Fraud Claims or Private Prosecutions? Comparative Guide on Procedure, Proof, Disclosure, Costs, Asset Freezing/Restraint, Remedies and Enforcement (England and Wales)

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Practice notes

This Practice Note compares the key characteristics of pursuing a fraud claim either by way of a civil claim or a private criminal prosecution, including identifying the contrasts between the two procedures.

It contrasts civil proceedings with a privately brought criminal case for fraud and addresses:

jurisdiction
limitation
publicity and media interest
control of the litigation and decision making
the duration of the proceedings
the choice of charges (criminal) or heads of claim (civil)
the standard of proof
investigation and evidence gathering
pre-action considerations
the preservation of assets using urgent and interim orders
the privilege against self-incrimination (right to silence)
disclosure during the proceedings
defences and counterclaims
costs
non-financial and financial outcomes (prison sentences, damages, confiscation and compensation)
enforcement

A concise reference for practitioners weighing a civil fraud action, a private prosecution, or both in parallel.

For general guidance on civil fraud claims see: Civil fraud—overview and in particular:

Practice Note: Civil fraud—heads of claim
Practice Note: Starting a civil fraud claim—a practical guide
Considerations and next steps for victims of fraud—checklist

For general guidance on fraud in the criminal context and pursuing a private prosecution, see: Fraud offences—overview...

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Web page updated on 21/05/2026

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