process for a private prosecution

[miliitant]

please people, be very sensative with this one.

i have been asked by a girl for advice who was in the same class as me at school.

she was raped by her step father from the time she was eight to eighteen years old.

she fianally plucked up the courage to tell her mother and the scumbag was arrested.

the problem we have now is that the police, not CPS, have just written to her stating due to insufficient evidence they will no longer be proceding with the case. no doubt due to budgetary constraints and performance targets. she has asked what can be done so i sugested a private prosecution might be possible

bluebottle may help with this i think. as prosecutions are handled by the CPS, common law dictates that an indavidual can bring a private prosecution without the CPS.

The right to bring private prosecutions is preserved by section 6(1) Prosecution of Offences Act, 1985.
as i understand it a witness statement must be laid before a magistrate. the magistrate then decides if a warrant is applicable. if he agrees then the case is transfered up to crown court where then the rules of disclosure and cpr apply

comments please

it is the process of bringing a private prosecution i am interested in, not the alleged offence

[Hurricane Puffrose]

Re: process for a private prosecution

Hiya Millitant,

Firstly, you are a HERO taking this on for the young lady! I always knew you were a good person, but this has quadrupled it!

Forgive the link in these circumstances, but this it to the CPS website itself it may be of use

http://www.cps.gov.uk/legal/p_to_r/p..._prosecutions/

:hug:

Puff

[labman]

Re: process for a private prosecution

http://www.mccue-law.com/wp-content/...osecution1.pdf

[bluebottle]

Re: process for a private prosecution

The offences you have highlighted, Miliitant, are Schedule 1 offences, the most serious offences under English Criminal Law. I am attaching an Information Form which is the form this lady will need to lay before the Magistrates, along with any Witness Statements.

Due to the gravity of the offences, I would get the CPS involved at the earliest possible opportunity.

Do you know if any of the offences took place after the Sexual Offences Act 2003 came into force?

[miliitant]

Re: process for a private prosecution

Do you know if any of the offences took place after the Sexual Offences Act 2003 came into force?

they carried on till she was 18 so yes,after 2003

[bluebottle]

Re: process for a private prosecution

Thanks for that, Miliitant.

The following offences may apply -

1. Rape
2. Assault by Penetration
3. Causing A Person to Engage in Sexual Activity Without Consent
4. Rape of A Child Under 13
5. Assault of A Child Under 13 by Penetration
6. Sexual Assault of A Child Under 13
7. Causing or Inciting A Child Under 13 to Engage in Sexual Activity
8. Sexual Activity With A Child
9. Causing or Inciting A Child to Engage in Sexual Activity
10. Sexual Activity with A Child Family Member

There are other potential offences, but I stopped at 10 offences. These carry maximum sentences, on conviction, of between 5 years and life imprisonment under Criminal Law.

[basa48]

Re: process for a private prosecution

miliitant did mention a private prosecution since the police have declined to act due to lack of evidence.

The problem is always going to be the burden of proof from the plaintiff. It is easier in civil cases than criminal.

I suppose the civil claim would be for damages (physical and emotional).

[labman]

Re: process for a private prosecution

miliitant did mention a private prosecution since the police have declined to act due to lack of evidence.

The problem is always going to be the burden of proof from the plaintiff. It is easier in civil cases than criminal.

I suppose the civil claim would be for damages (physical and emotional).

I know very little about court proceedings, but surely for damages to be awarded, the person would have to be found guilty of the initial crime first. This would then return to the issue of proof. Maybe I'm being over-simplistic?

[bluebottle]

Re: process for a private prosecution

There has been a case of rape which the CPS would not run with and which was pursued through the civil courts. The victim sought permission from the DPP to pursue the matter through the civil courts and permission was granted. The defendant was found liable and ordered to pay £750,000 in damages plus costs. Also, the onus probandi (burden of proof) is lesser in a civil court, on balance of probability as opposed to beyond all reasonable doubt as it is in a criminal court. What is the time-lapse since the last offence was committed, Miliitant?

[miliitant]

Re: process for a private prosecution

its been six months since the mother kicked him out

[bluebottle]

Re: process for a private prosecution

You will need to check with CPS as to bringing a criminal prosecution as time-limits for commencement of proceedings in criminal offences tend to be pretty strict. For pursuing a criminal offence through the civil claim route, check as to whether the time-limit is 3 years or 6 years. The advice of a legal professional might be advisable.

[SpringerSpaniel]

Re: process for a private prosecution

Here is a summary of the issues of private prosecution from the Civil Liberties organisation, Liberty:

http://www.yourrights.org.uk/yourrig...osecution.html

[basa48]

Re: process for a private prosecution

I know very little about court proceedings, but surely for damages to be awarded, the person would have to be found guilty of the initial crime first. This would then return to the issue of proof. Maybe I'm being over-simplistic?

OJ was found not guilty of criminal offenses, but got his nuts sued off in civil court (40m dollars awarded).

It must be possible in the UK.

[Guest]

Re: process for a private prosecution

it is the process of bringing a private prosecution i am interested in, not the alleged offence

I'm sure you found the answer long ago, but:-

Method of prosecution
The House of Commons Library has issued a pdf on how to bring a private prosecution, here.

You can ask the CPS to take over
You don't have to tell the CPS private prosecution has started, but you can ask the CPS to take over the prosecution. That information is here.

[enquirer]

Re: process for a private prosecution

I know very little about court proceedings, but surely for damages to be awarded, the person would have to be found guilty of the initial crime first. This would then return to the issue of proof. Maybe I'm being over-simplistic?

An initial criminal conviction is not necessary. It is quite possible for a criminal prosecution to fail and a subsequent civil claim to succeed. There have been a few high profile cases in recent years, up to and including homicide.