Advice on Private Prosecution

[Steve32]

Hi all,

Do any EDF members have experience or knowledge regarding undertaking a private prosecution against an individual?

This includes:

recommendations for good legal firms/lawyers,

time taken for proceedings,

likely cost,

any other issue to consider.

PM preferred please.

Kind regards,

Steve

[rendelharris]

Advice is for goodness' sake give it up, if the police won't do anything you have virtually no hope of winning, you'll just be wasting court time, your time, your money (lots and lots of it), and the time of your supposed assailants (who by your own account never laid a finger on you). Seriously Steve, let this go now.

[JohnL]

It would be a financial rabbit hole.

Better to take a long holiday with the money :)

[JoeLeg]

If you haven?t actually been physically assaulted, and no monies have been taken from you, then this is just a massive vanity exercise in your part. You started an argument, it didn?t end how you wanted, and your inflated sense of self-importance can?t handle the fact that the police disagreed with you.

Personally I think you?re just a troll who gets a weird kick out of this.

Either way your ego is out of control.

[Roundabout]

Attend any Magistrates? Court ? Present your evidence ? including any witness statements and if possible, ask same to make an affidavit ? Solicitor will only charge ?5 for this [ if you present your affidavit / not asking them to type one up. They will take a copy for safekeeping ? look-up on the net how to formulate an affidavit ? Ask for a summons to be issued by the Court against ????? for a criminal offence????? QUOTE the precise offence ? Law and what subsection if any. Will be expensive if you fail to win your case. Court costs and the defence costs:

If the police fail to prosecute ? asked for reason and if you disagree make a complaint.

ps: You can swear an affidavit at any Court ? Mostly having to wait all day for cases to finish.

Good Luck.

[Sally Eva]

Most prosecutions start when the police send the results of an investigation to the Crown Prosecution Service (CPS). The CPS takes the decision whether or not to bring a criminal case against someone, in accordance with the Code for Crown Prosecutors which states prosecutions must be in the public interest and meet evidence standards.

2 Other prosecuting authorities include the Serious Fraud Office, HM Revenue and Customs, local authorities and trading standards departments, all of which prosecute cases in their own particular area of work.

3 It is almost always better for the complainant if one of the organisations mentioned in the previous paragraphs takes the decision to prosecute the other party.

4 If the Serious Fraud Office, HM Revenue and Customs, local authority or the local trading standards department decide not to prosecute a case, it may be possible to take out a private prosecution against someone s/he believes has committed a criminal offence. It is not necessary for a client to approach the police or another public authority first, although in practice this is likely to be the case.

4a The client must ask the permission of the magistrates' court to bring the private prosecution. At this point, the claimant does not have to prove that the accused is actually guilty of the criminal offence, just that there is a case to answer.

4b There is no charge for applying for a summons to bring a private prosecution.

5 If the court agrees that there is the basis for a case, it will issue a summons and serve it on the accused person. The court will arrange for the time and place of the hearing and, at the hearing, the client (or her/his representative) has to prove the case against the accused person. If the accused person does not turn up at court, s/he can be arrested by the police and taken into custody.

6 Some private prosecutions need the consent of the Director of Public Prosecutions or the Attorney General to proceed, for example, where the offence is theft of property belonging to a spouse, or offences under the Data Protection Act 1998. The consent of the Attorney General is required in very serious cases, for example, offences under the Prevention of Terrorism Act 1989.

7 In all cases, the Director of Public Prosecutions may intervene in a private prosecution and, if this happens, the CPS will take over the case. This will happen if there is a need to do so on behalf of the public. If the CPS does take over a private prosecution, the case must be reviewed in accordance with the Code for Crown Prosecutors. If the evidence and public interest tests are not satisfied, the prosecution will be stopped.

8 If the case is proved and the defendant found guilty, the court will decide what sentence to impose. The claimant is not able to decide what sentence is imposed and s/he may not think that the court has imposed a sufficiently grave sentence.

Disadvantages of bringing a private prosecution

9 Deciding whether to bring a private prosecution needs very careful consideration. There are a number of disadvantages. These are:-

if the prosecution fails, the claimant may be ordered to pay the defendant's costs. They could also face a civil case for malicious prosecution

the case has to be proved 'beyond reasonable doubt'. This is a higher burden of proof than that required in a civil case and therefore the claimant will need to have sufficient documentary proof and/or authoritative witnesses to prove the case

the rules of evidence in criminal cases are complicated and some evidence may not be admissible for legal reasons which do not always make sense to a lay person

the defendant may be entitled to criminal legal aid to defend the case. S/he could therefore be represented by a solicitor or barrister at court. Civil legal aid is not available to bring a private prosecution

even if the defendant is found guilty, this may not benefit the client in any way. If what the client wants is compensation, a better way of obtaining this might be to take civil action. If what the client wants is for the action complained of to stop, applying for an injunction in civil proceedings might be better way of obtaining this

in some cases, the court may decide that both parties are as much to blame, for example, both parties could be bound over to keep the peace

if the case fails, no matter how much further evidence the police may collect, the defendant may not be prosecuted again for the same offence.

10 In some circumstances, for example, assault, a client may have the option of taking either civil action against another party or bringing a private prosecution. It will almost always be better to take civil action, for example, because the burden of proof is less.

Deciding to go ahead with a private prosecution

11 Despite the disadvantages, a claimant may feel that her/his only option is to take out a private prosecution. Before s/he does this, however, s/he should be clear why the appropriate organisation will not take on the case. For example, s/he should discuss whether it is because there is not sufficient evidence. If this is the case, the prosecution is likely to fail, whoever brings it.

Time limits

12 If the case is one which could be heard only in the magistrates' court, there is a six-month time limit within which the prosecution must start. Time starts to run from the date of the incident which gave rise to the prosecution.

13 There is no time limit if the case is one which would be heard:-

either in the magistrates' court or the crown court (an either way offence); or

only in the crown court.

Civil legal aid

14 Depending on the client's financial situation, civil legal aid under Legal Help may be available for advice on preparing a private prosecution case. Legal Help will not cover representing the client at court or paying witnesses' expenses.

More about Legal Help

Legal representation at the trial

15 A client could instruct a solicitor to advise her/him in the preparation of the trial and to represent her/him at the trial. In some cases, the solicitor would suggest that a barrister is used both to advise with the preparation of the case and to represent the client at the trial. A case is more likely to be successful if the client is legally represented.

16 Usually payment will be required in advance and the costs are likely to be very high, particularly if the accused person defends the case. Even if the client wins the case, s/he is unlikely to recover her/his costs from the defendant. Before starting action, the client should get an estimate from the solicitor as to the likely costs.

McKenzie friends

17 If the client cannot afford a solicitor, s/he may decide to take the prosecution her/himself. S/he should be allowed by the court to be accompanied and assisted by a lay person, often known as a McKenzie friend. This can be anyone, for example, an advice worker, a trade union official or a friend.

18 A McKenzie friend can give moral support, take notes, quietly give advice and make suggestions, for example, about asking a witness questions. A McKenzie friend is not allowed to address the court her/himself or to question any witnesses, except with the court's permission.

[ollieloudon]

My God, the only crime here is how sad you are

[diable rouge]

What Circle of Hell are we up to now?...

[rendelharris]

diable rouge Wrote:

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> What Circle of Hell are we up to now?...

Circle VIII Ditch IV was where Dante consigned the lawyers...

In fact when one thinks about it, there's so much information available online - and anyone serious about taking out a private prosecution would surely approach a solicitor for advice - that the OP can only really be indulging his own narcissism: "Look at me, I said I would and I am!" and/or attempting to worry and/or intimidate those with whom he has an obsession. It would be interesting to know what he intends to bring a private prosecution for, as by his own admission they didn't lay a finger on him even under quite serious provocation; in the words of Not the Nine o'Clock News, "Looking at me in a funny way" is not actually an offence.

[Livingthedream]

Be very very wary of this guy. He sent me some threatening private messages as he thought I was the person involved. They have been forwarded to the police but he is clearly very unstable and intent on slandering a local couple in any way he can. Despicable and bullying behaviour shouldn't be accepted on this forum.

[Steve32]

You've just slandered me yourself. Can you not see that?

Can you share these messages publicly? I'm more than happy for you to do so.

It's true I thought you were responsible and am unsure if you are or not still

[ollieloudon]

Steve32 also sent me very threatening messages recently, he seems obsessed and potentially unhinged. Be wary

[binkylilyput]

Any advice on how cases of harassment can be most effectively managed?

This includes:

recommendations for good legal firms/lawyers,

time taken for proceedings,

likely cost,

any other issue to consider.

[JoeLeg]

Steve32 Wrote:

-------------------------------------------------------

> You've just slandered me yourself. Can you not see

> that?

Grow up mate.

>

> Can you share these messages publicly? I'm more

> than happy for you to do so.

>

> It's true I thought you were responsible and am

> unsure if you are or not still

A person claiming to be the other party in this incident offered a detailed rebuttal of your allegations on this forum.

Your refusal to engage with that speaks volumes.

There is no reason for you to be on a forum like this soliciting legal advice which is freely - and much more reliably - available elsewhere, except to fuel your own ego.

Very little about your version of events makes any sense. Have a word with yourself.

[Steve32]

Hi Joe,

I have deliberated refused to engage. Rather foolishly, she made statements which are very helpful to me - they undermine her case. Some can be disproved, and some are inconsistent with other things she's said. She's also guilty of slander.

It would be rather stupid of me to attack her version of events in an open forum, rather than keeping my powder dry and deploying my counter arguments in a legal setting.

Seems basic common sense to me. However, for the record, I strongly rebut her version.

Thanks,

Steve

[ollieloudon]

I seriously think you need help from a mental health professional

[rendelharris]

A side-issue but slander only refers to oral defamation. What you could claim is that you have been libelled, though it seems nobody (including the police) apart from you believes this is the case. You are clearly, if nothing else, wildly trigger-happy regarding legal action, a prime example being that when you deleted your tweets regarding this matter and I tweeted "Perhaps you've realised harrassing single women in parks is not advisable" you sent me a PM saying you were going to sue me if I didn't delete the tweet. When I refused you said you were going to report me to the police for that tweet (which would have given them a proper good laugh if nothing else). You really need to calm down and talk to someone sensible who actually knows the law; they will soon show you that you are on an absolute hiding to nothing that will have no effect apart from wasting your time and money.

Incidentally, you have now sent me seven PMs regarding these matters, which is frankly more than enough. I'm more than happy to debate with you on this public forum (or any other), but any additional PMs will, henceforth, be deleted unread.

P.S. If you're going to search for people on Linkedin, best to anonymise yourself, as otherwise it makes you look a bit weird and obsessive when your name appears on searches, as yours did on my feed.

[Steve32]

Thanks for the correction re slander/libel.

Re my legal threats to you, you published on twitter (an open forum) allegations against me. You were not there that day and no nothing about the issue other than versions you've heard online. You tweeted the allegation against me, meaning any of my followers could have seen it. This is primarily work colleagues, including many in international organisations.

I'm not a legal expert, but if the allegation which you tweeted was incorrect (and I assert it was), then legal action would be justified.

For example, if I was to tweet that you had raped/kidnapped/racially abused someone, I'm sure you would have a legal case against me.

[rendelharris]

Indeed I would (though your comparison choices are rather indicative of your hysteria). However, by your own admission, you did start following and filming a single woman walking her dog in the park (I can quote you from your own PMs if you wish, out of respect for confidentiality I have not quoted them here thus far), which by any reasonable interpretation amounts to harassment; you can't actually sue someone for saying something that you yourself have admitted is true.

[diable rouge]

From the very onset this has been about someone trying to exert control using intimidating tactics. Posting on a public forum intimating legal action is more of the same. Best ignored, but if PMs of a threatening nature have been received, report them to Admin, and if necessary the police. No need to publish them here, let Admin/police deal with them...

[JoeLeg]

Steve, I?ll just say this, and say no more - because apparently you?re some big time international person who can make all sorts of legal stuff happen (even though you, me and everyone else here knows your full of bovine excrement).

For a number of reasons, I don?t believe a word you say on this matter, and I think ypu?re using the internet to harass people because your over-inflated ego can?t undetstand why a mere police officer wouldn?t automatically take your word for something.

You sad, sad little excuse of a ?man?...

[Steve32]

Have a nice day Joe

[JoeLeg]

Why thank you! It?s been good so far. You know where to find me if you want to harass me or threaten me.

[robbin]

Steve32 Wrote:

-------------------------------------------------------

> Hi all,

>

> Do any EDF members have experience or knowledge

> regarding undertaking a private prosecution

> against an individual?

>

> This includes:

> recommendations for good legal firms/lawyers,

> time taken for proceedings,

> likely cost,

> any other issue to consider.

>

> PM preferred please.

>

> Kind regards,

>

> Steve

Yes, plenty but I think I'll keep it to myself on this occasion.

[Angelina]

If you keep feeding a fire, you could get burnt