Helpie FAQ

We tend to think about criminal investigations and prosecutions as being solely the realm of the police and the Crown Prosecution Service (CPS). However, everyone has the right to bring a private criminal prosecution against another person, without the involvement of either the police or the CPS.

If you believe you have a case against someone, the first thing to do is to have a private prosecutor review your case. They will be able to advise on whether any prosecution is likely to succeed.
If it’s decided to proceed with the case, the prosecutor will prepare evidence and statements and an application will also be made to the court for a summons.

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).

If you believe that someone has committed a crime, you can privately prosecute them. Private criminal prosecutions have become increasingly common as cuts to the police and Crown Prosecution Service have left many victims of crime without proper avenues to justice. Many private prosecutions involve financial crimes such as fraud, although in recent years there has been a rise in the number of private prosecutions involving a wide range of offences.