Anyone faced with having to defend a private prosecution will be well advised to seek expert advice and guidance. We are accustomed to identifying a vexatious or improper private prosecution and will be able to advise on potential applications to bring the proceedings to an early successful conclusion.
The party bringing the private prosecution is under a duty to ensure the proper and accurate compilation, preservation and presentation of the evidence and to convince the court that the procedure is being used appropriately. We can advise the accused client at an early stage as to whether such procedures and protocols have been followed correctly.
Whilst it is perfectly acceptable for a private prosecutor to hold a degree of personal interest, the test is objective, involving some public interest. We can advise the accused client on the merits of this test being met in each individual case.