Historically, private prosecution cases have tended to be brought only by extremely wealthy individuals. However, the idea that private prosecution can provide justice only for a price is wrong. It is possible, and indeed normal, for full costs to be recovered by the prosecution.
For the vast majority of private prosecutions, costs may be recovered in one of two ways:
- If the prosecution is successful, the court will usually expect the convicted defendant to pay costs, with the funds collected directly by the courts (or by their enforcement officers), then passed on.
- If the prosecution is not successful, prosecution costs can be recovered from ‘central funds’, which are public monies held by the courts. Central funds may also be used in cases where a defendant cannot pay the costs (for example if they are going to prison, or have no money).
Director at Regan Peggs Solicitors
Regan is an experienced solicitor and advocate, qualified to represent clients in magistrates’ courts, Crown Courts, tribunals and senior courts. He founded Regan Peggs Solicitors in 2015, after a decade spent at two of the most respected law firms in the Midlands and as a senior legal advisor at Birmingham Magistrates’ Court.
Regan is an accredited mediator and arbitrator. He is a member of the Chartered Institute of Arbitrators and a panel mediator for ADR ODR International. Regan has experience in mediating commercial, family and local political disputes, and representing his clients in those sessions.
Regan is a former Chair of the Board of Directors at the Birmingham Law Society and a former chair of its Criminal Law Committee. He has been a lecturer for law students at the Open University. He is the only defence solicitor in the UK to be regularly invited to address international military students at the Royal College of Defence Studies.
Regan is an accredited mediator and arbitrator. He is a member of the Chartered Institute of Arbitrators and a panel mediator for ADR ODR International. Regan has experience in mediating commercial, family and local political disputes, and representing his clients in those sessions.
Regan is a former Chair of the Board of Directors at the Birmingham Law Society and a former chair of its Criminal Law Committee. He has been a lecturer for law students at the Open University. He is the only defence solicitor in the UK to be regularly invited to address international military students at the Royal College of Defence Studies.
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