Author: Dom Watts

Fraud is a criminal offence in the UK and can result in serious penalties. The relevant legislation in the UK is the Fraud Act 2006.

Under this Act, it is an offense to dishonestly make a false representation with the intention of causing a gain or loss. This could include making a false statement or providing false documents in order to obtain a court order.

Fraud is the act of gaining a dishonest advantage, often financial, over another person. It is now the most commonly experienced crime in England and Wales, with an estimated 3.4 million incidents in the year ending March 2017.

More than half of these were cyber-related and the number of fraud and forgery cases dealt with by the CPS has risen by almost a third since 2011.

Fraud and economic crime – Crown Prosecution Service

A future MOI article will examine alleged “fraud and organised crime” in the justice system and legal profession.

Justice Select Committee Report

In February 2022, the Justice Committee began examining the ability of the Justice System to effectively prosecute fraud cases.

The Committee was particularly interested in how the system is set up to tackle lower-level frauds, that are often not serious enough to be considered by the Serious Fraud Office but have a significant impact on the public.

They committee also sort to understand the plans that the Government and bodies working in the Justice System had to tackle rising instances of fraud.

The Justice select committee published a full report Fraud and the Justice System on the 18th October 2022.

• UK justice system ‘ill-equipped’ for rise in fraud
• Action Fraud ‘unfit for purpose’ as number of victims rises 25% in two years
• Only 2% of police funding was dedicated to combating fraud despite it accounting for 40% of reported crime
• The Office for National Statistics disclosed last month that the number of people falling victim to fraud had risen by 25% in the past two years, with 4.5m offences in a 12-month period
• The committee chair Sir Bob Neill, said fraud was expected to increase, but that the justice system had not reacted to the change. “People are losing their life savings and suffering lasting emotional and psychological harm,” he said. “But the level of concern from law enforcement falls short of what is required.
• “Fraud prevention, investigation and prosecution too often has seemed like an afterthought, last in the queue for resources, monitoring and even court time. We need the criminal justice system to have the resources and focus to be able to adapt to new technologies and emerging trends.”

UK justice system ‘ill-equipped’ for rise in fraud, say MPs – The Guardian

HMICFRS Fraud Inspection

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) published A review of ‘Fraud: Time to choose’

In 2018, the Home Secretary commissioned Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) to carry out a thematic inspection of fraud.

We conducted our inspection between March and July 2018. In April 2019, we published Fraud: Time to choose – An inspection of the police response to fraud. In that report, we made 16 recommendations and identified 5 areas for improvement (AFIs).

We have revisited our previous inspection to see how the police service has responded to the recommendations and AFIs we made in that report. This report presents our findings on the progress that has been made.

A review of ‘Fraud: Time to choose’ – HMICFRS

Fraud Strategy

The government published a policy paper Fraud Strategy on the 3rd May 2023 which sets out a plan to reduce fraud by 10% on 2019 levels by December 2024.

#SFJB – Fraud at the Sussex Family Justice Board ?

National Lead Force

The City of London Police are the National Police Chiefs’ Council Lead for Economic and Cyber Crime and National Lead Force for Fraud. They operate Action Fraud and the National Fraud Intelligence Bureau.

Working with City of London Police and local forces is the National Economic Crime Centre (NECC), which sits within the National Crime Agency (NCA).

We investigate some of the country’s most complex cases of fraud, set the national strategy and coordinate the operational response. We also host Action Fraud, the national reporting centre for fraud and cybercrime, on behalf of policing.

With over 40 per cent of all crime reported in the UK being fraud related, the National Lead Force (NLF), as part of the City of London Police, serves a crucial role in the coordination of the policing response: identifying, disrupting and prosecuting fraud and economic crime across the country.

National Lead Force – City of London Police

If you have arrived at the Ministry of Injustice from https://cityoflondonpolice.uk (a MOI domain) you may well have been looking for https://cityoflondon.police.uk which is the official website for City of London Police.

For the avoidance of doubt this website is not run by City of London Police nor is it associated in any way with City of London Police.

Call 999 if:

• a serious offence is in progress or has just been committed
• someone is in immediate danger or harm
• property is in danger of being damaged
• a serious disruption to the public is likely

Call 101 for non-emergency enquiries. You can also Report a Crime online.

Check out our articles on Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time, Met Police, Sussex Police, Chief Constable Jo Shiner Sussex Police, What is a Police and Crime Commissioner and a Police and Crime Panel ? and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.

Most Popular ↓

What is Policing by Consent ? What is Two Tier Policing ?

Latest Articles ↓

• 
  What is the Forensic Science Regulator ?
  Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
• 
  What is the Criminal Cases Review Commission ?
  The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
• 
  Did Bobby Vylan and the BBC break the law at Glastonbury 2025 ?
  The performance by Bob Vylan at Glastonbury 2025, where frontman Bobby Vylan (reportedly Pascal Robinson-Foster) led chants of “death, death to the IDF” and “from… Read more: Did Bobby Vylan and the BBC break the law at Glastonbury 2025 ?
• 
  Police Public Confidence and Engagement
  The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement

All Articles can be found in the Legal Blog or Sitemap.

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

The Justice Committee is a cross-party group of MPs appointed by the House of Commons to examine the policies and spending of the Ministry of Justice and associated public bodies.

This includes the courts, legal aid, prisons, probation and the rule of law. It also advises on sentencing guidelines. The Justice Committee is chaired by Andy Slaughter.

Role of the Justice Committee

Sir Bob Neill MP, former Chair of the Justice Committee, explained the role of the Justice Committee and how to get involved in the Committee’s work

The Justice Committee was appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and associated public bodies, (to include the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland); and administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers).

The Justice Committee is one of the 19 Select Committees related to Government Departments, established by the House of Commons under Standing Order No. 152.

Role of the Justice Committee – Parliament Website

Subjects of Inquiry

The Justice Committee chooses its own subjects of inquiry. 

Depending on the subject, external deadlines, and the amount of oral evidence the Committee decides to take, an inquiry may last for several months and give rise to a report to the House; other inquiries may simply consist of a single day’s oral evidence which the Committee may publish without making a report.

When the Committee has chosen an inquiry it normally issues a press notice outlining the main themes of inquiry and inviting interested parties to submit written evidence. It may also identify possible witnesses and issue specific invitations to them to submit written evidence.

Role of the Justice Committee – Parliament Website

Inquiries

Inquiries allow committees to consider oral and written evidence on a particular topic. They usually result in the publication of a report.

All inquires of the Justice Committee past and present are published and can be searched for on the Parliament website.

Contact the Justice Commitee

• Email: justicecom@parliament.uk
• Phone: (General Enquiries) 020 7219 7005 (Media Enquiries) 07842 601500
• Address: House of Commons, London SW1A 0AA

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.

Most Popular ↓

What is Policing by Consent ? What is Two Tier Policing ?

Latest Articles ↓

• 
  What is the Forensic Science Regulator ?
  Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
• 
  What is the Criminal Cases Review Commission ?
  The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
• 
  Did Bobby Vylan and the BBC break the law at Glastonbury 2025 ?
  The performance by Bob Vylan at Glastonbury 2025, where frontman Bobby Vylan (reportedly Pascal Robinson-Foster) led chants of “death, death to the IDF” and “from… Read more: Did Bobby Vylan and the BBC break the law at Glastonbury 2025 ?
• 
  Police Public Confidence and Engagement
  The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement

All Articles can be found in the Legal Blog or Sitemap.

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Private prosecution refers to the initiation of criminal proceedings by a private individual or organisation rather than a public authority such as the Crown Prosecution Service (CPS) in the UK.

In the UK, private prosecutions have a long history and are enshrined in common law, allowing individuals and organisations to bring criminal charges against others for a wide range of offenses.

Private prosecutions are relatively rare in the UK, but they are allowed under section 6(1) of the Prosecution of Offences Act 1985.

This article will provide an overview of private prosecution in the UK, including its history, the legal framework, and the process of bringing a private prosecution. It will also discuss the advantages and disadvantages of private prosecution and some high-profile cases.

History of Private Prosecution in the UK

Private prosecution has a long history in the UK, dating back to medieval times. Before the establishment of a professional police force and public prosecution service, private individuals or organisations were responsible for investigating and prosecuting criminal offenses.

In the 19th century, the power to prosecute criminal offenses was gradually transferred to public authorities such as the Crown Prosecution Service. However, private individuals or organisations retained the right to bring private prosecutions, and this right was enshrined in common law.

Today, private prosecution is governed by the Prosecution of Offenses Act 1985 and the Criminal Procedure Rules.

There are, however, some limitations: 

• the Director of Public Prosecutions (DPP) has power under section 6(2) POA 1985 to take over private prosecutions;
• in some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings.

Legal Framework for Private Prosecution

The legal framework for private prosecution in the UK is set out in the Prosecution of Offenses Act 1985, Criminal Procedure Rules and the Magistrates’ Courts Act 1980.

Prosecutions instituted and conducted otherwise than by the Service.

(1)Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.

Section 6(1) of the Prosecution of Offenses Act 1985

The Criminal Procedure Rules 2020 Part 7 “Starting a Prosecution in a Magistrates’ Court” apply to private prosecutions in the UK.

CPR Part 7 contains specific provisions on the procedure to be followed in private prosecutions, including the requirements for the service of documents, the conduct of preliminary hearings, and the transfer of cases to the Crown Court. These rules provide a clear framework for the conduct of private prosecutions and ensure that they are conducted fairly and efficiently.

Section 1 of the Magistrates’ Courts Act 1980 (MCA 1980) applies to a laying of information at a Magistrates Court :-

Issue of summons to accused or warrant for his arrest.

On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a)a summons directed to that person requiring him to appear before a magistrates’ court to answer the information, or
(b)a warrant to arrest that person and bring him before a magistrates’ court

Section 1 Magistrates’ Courts Act 1980

In order to bring a private prosecution, the individual or organisation must have sufficient evidence to establish a prima facie case against the defendant. This means that there must be enough evidence to suggest that the defendant has committed the offense, and that there is a reasonable prospect of conviction.

The process of bringing a private prosecution is similar to that of a public prosecution. The CPS publish legal guidance about Private Prosecutions on their website.

How to bring a Private Prosecution

To bring a private prosecution, an individual must first lay an information.

This is a document that sets out the details of the alleged offense and provides evidence to support the claim. The information must be laid before a magistrate or a judge, who will decide whether or not to issue a summons.

The information must contain the following details:

• The name and address of the accused
• The details of the offense, including the date, time, and location
• The evidence supporting the claim
• The name and address of the individual or organization bringing the prosecution
• The name and address of any witnesses

The gov.uk website have published a word document SP001 dated May 2019 Application for summons or warrant for arrest for alleged offence under Magistrates’ Courts Act 1980 section 1, CrimPR 7.2(6) which captures all the relevant information to “lay an information” at a Magistrates Court.

You can find a Magistrates Court using the Find a court or tribunal service.

Once the information is laid, the magistrate or judge will consider the evidence and decide, using it’s discretion, whether or not to issue a summons or warrant of arrest.

If the summons is issued, the accused will be required to attend court to answer the charges.

If a warrant of arrest is issued under Section 125 of the Magistrates’ Courts Act 1980, then this will be directed to “any constable acting within his police area”.

Advantages of a Private Prosecution

There are several advantages to bringing a private prosecution rather than relying on the public prosecution service.

One of the main advantages is that the individual or organisation has greater control over the proceedings. They can choose the lawyers and experts who will represent them, and they can decide which charges to bring.

Another advantage is that private prosecution can be a more effective way of holding individuals or organisations to account, particularly in cases where the public prosecution service has declined to prosecute. Private prosecutions can also be quicker than public prosecutions, as they are not subject to the same bureaucratic processes.

Disadvantages of Private Prosecution

However, there are also some disadvantages to private prosecution. One of the main disadvantages is the cost.

Private prosecutions can be expensive, as the individual or organisation is responsible for paying for the legal representation and other costs associated with the case. This can be a particular problem for individuals or organisations who do not have significant financial resources.

Private Prosecutions can be seen as a way for individuals and organizations to take the law into their own hands and there is a risk of retaliation, including legal action or harassment.

Private prosecutions can be difficult to win, as the accused person has the right to a fair trial.

If you are considering bringing a private prosecution, it is important to seek legal advice to ensure that you are aware of the risks and potential benefits.

High-Profile Private Prosecutions

In recent years, there have been several high-profile private prosecutions in the United Kingdom that have garnered significant attention. These cases have demonstrated the potential power and impact of private prosecutions in bringing justice to victims and holding individuals accountable for their actions. Let’s explore a few notable examples:

1. R v. Gary Dobson and David Norris (Stephen Lawrence Case): One of the most prominent private prosecutions in recent UK history was the private prosecution brought by Stephen Lawrence’s family. Stephen Lawrence, a black teenager, was murdered in a racially motivated attack in 1993. Despite strong evidence, the initial investigation failed to secure a conviction. In 1999, Stephen’s parents, Doreen and Neville Lawrence, utilized the private prosecution route to pursue justice. The private prosecution ultimately led to the conviction of Gary Dobson and David Norris for Stephen’s murder in 2012.
2. R v. John Downey (Hyde Park Bombing Case): In 2013, a private prosecution was initiated against John Downey, who was accused of the 1982 Hyde Park bombing in London, which killed four soldiers and injured many others. The prosecution was launched by the families of the victims after the criminal trial against Downey collapsed due to an error in his prosecution. In 2014, the private prosecution was halted by a judge who ruled that Downey could not face trial again due to an official assurance given to him by the government.
3. R v. Dale Cregan (Mark Short and David Short Case): Dale Cregan, a notorious criminal, was involved in the murders of Mark Short and his father David Short in 2012 as part of a gangland feud. The Short family decided to pursue a private prosecution against Cregan after the criminal trial against him commenced. However, during the trial, Cregan admitted to the charges, and the private prosecution was discontinued. Nevertheless, this case highlighted the potential for private prosecutions in high-profile criminal matters.

These recent high-profile private prosecutions demonstrate the ability of private individuals to bring justice to victims and hold perpetrators accountable, even in cases where the state prosecution may have faltered or faced challenges. Private prosecutions can play a crucial role in ensuring that no crime goes unpunished.

Private prosecutions are an important part of the legal system in the UK, as they allow individuals to seek justice in the UK legal system.

While there are advantages to bringing a private prosecution, such as control over the case and closure for the victim, there are also several disadvantages.

Nicola Sharp who is a Partner at Rahman Ravelli Solicitors has published a useful article Private Prosecutions: The Process, Defendants’ Options and Mixed Motives.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.

Most Popular ↓

What is Policing by Consent ? What is Two Tier Policing ?

Latest Articles ↓

• 
  What is the Forensic Science Regulator ?
  Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
• 
  What is the Criminal Cases Review Commission ?
  The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
• 
  Did Bobby Vylan and the BBC break the law at Glastonbury 2025 ?
  The performance by Bob Vylan at Glastonbury 2025, where frontman Bobby Vylan (reportedly Pascal Robinson-Foster) led chants of “death, death to the IDF” and “from… Read more: Did Bobby Vylan and the BBC break the law at Glastonbury 2025 ?
• 
  Police Public Confidence and Engagement
  The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement

All Articles can be found in the Legal Blog or Sitemap.

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.