Private prosecution

[Thomas_P]

Hi all

Not sure if anybody on here will be able to assist with this, but thought it was worth a try.

I intend to bring a private prosecution and have been researching this. Am I correct in my understanding that I need to lay an information with the Magistrates' Court and that there is no fee attached to this, as these will be criminal proceedings?

Thanks in advance!

[des8]

You are correct there is no fee to lay information.
However do bear in mind there is no guarantee that a prosecutor will recoup costs incurred in a prosecution and in some circumstances a prosecutor may be ordered to pay costs to a defendant

[Thomas_P]

Hi

Thanks for your prompt reply.

Will there be any fees at later stages in proceedings (i.e. hearing, etc)?

Many thanks.

[des8]

No

[Thomas_P]

Great...thanks for your assistance with this

[TheMan123]

hi

Does a litigant in person ( which I believe can be a company) have an automatic right to conduct litigation in a criminal case ( eg. lay information) or is that at the Court's discretion?* I see that conducting litigation is a reserved activity under the Courts and Legal Services Act 2007 but can't see if a LIP is an exempt person.
The Act states:

* Conduct of litigation


2(1)This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes the conduct of litigation in relation to any proceedings (subject to paragraph 7).

(2)The person is exempt if the person—

(a)is not an authorised person in relation to that activity, but

(b)has a right to conduct litigation granted by a court in relation to those proceedings.

(3)The person is exempt if the person—

(a)is not an authorised person in relation to that activity, but

(b)has a right to conduct litigation in relation to those proceedings granted by or under any enactment.

(4)The person is exempt if the person—

(a)is a party to those proceedings, and

(b)would have a right to conduct the litigation, in the person's capacity as such a party, if this Act had not been passed.

(5)The person is an exempt person in relation to any activity which is carried on in or in connection with proceedings on an appeal from the Comptroller-General of Patents, Designs and Trade Marks to the Patents Court under the Patents Act 1977 (c. 37), if the person is a solicitor of the Court of Judicature of Northern Ireland.



I have also read this:
19) Courts should be slow to grant any application from a litigant for a right of audience or a right to conduct litigation to any lay person, including a MF. This is because a person exercising such rights must ordinarily be properly trained, be under professional discipline (including an obligation to insure against liability for negligence) and be subject to an overriding duty to the court. These requirements are necessary for the protection of all parties to litigation and are essential to the proper administration of justice.

Does this apply to the litigant him/herself or only to a person that is being asked to assist on behalf of the litigant?


Also, does a litigant in person have an automatic right of audience?

thanks

[des8]

The prosecution of Offences Act 1985 takes care of that in Chapter 23:
6Prosecutions 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.
*

[TheMan123]

Thanks.* That's great and speedy too!

[Thomas_P]

Hi

I started this thread last year and am hoping somebody can assist me again?

As expected, I was not charged a fee to lay the information. However, a short time later I was requested to pay a fee of £226. Does anybody know what this fee will have been for? I was of the understanding that no fees would be payable.

Thanks

[des8]

AFAIK there are no fees for bringing a private criminal prosecution
The only Magistrates Court .Fees Schedule I can find is headed "CIVIL" If there is one for "CRIMINAL" they keep it well hidden.

Tagging efpom to see if he has any knowledge of these things.

How far has your case gone, and does it say what the fee is for?
You may have to challenge it.

[efpom]

As far as I am aware no fees are payable - see https://www.bailii.org/ew/cases/EWCA/Crim/2014/52.html at 58

See also https://committees.parliament.uk/wri...ence/9239/html just above the paragraph numbered [58]