Ampersand Law is represented in the Private Prosecutors’ Association
We are pleased to announce that Daniel Gormley LLM has been accepted as a member of the Private Prosecutors' Association (PPA). The PPA brings together barristers, solicitors, investigators, and forensic specialists who practise in private prosecutions, and admission reflects a demonstrated commitment to the highest standards of conduct and competence in this specialist area of criminal law.
For Ampersand Law, membership is more than a professional credential. It underlines our commitment to ensuring that our clients — whether businesses, organisations, or individuals — have a credible route to justice when statutory authorities are unable or unwilling to act.
What is a private prosecution?
A private prosecution is a criminal prosecution brought by a private individual or organisation, rather than by the Crown Prosecution Service, the police, or another public body. The right to bring such a prosecution is preserved by section 6(1) of the Prosecution of Offenders Act 1985 and has long been recognised as an important constitutional safeguard.
In practice, private prosecutions are typically considered in cases involving fraud, theft, intellectual property crime, harassment, or other offences that materially affect a business or its people, where the police have declined to investigate, or the CPS has decided not to pursue charges. They are also increasingly used by businesses confronting prolific or repeat offenders whose conduct falls between the cracks of an overstretched public system.
Although brought privately, the prosecution itself is conducted to the same standards as a public one. The prosecutor owes duties to the court and to the accused, including the duty to act fairly, to disclose material that may undermine the prosecution's case, and to keep the public interest in mind throughout.
Why this matters for businesses
Across our client base, we increasingly see businesses affected by criminal conduct that causes real commercial harm but receives little or no response from statutory agencies. Shoplifting and organised retail crime, employee fraud, theft from sites and vehicles, breach of restraint, stalking and harassment of staff, and infringement of IP rights are all examples of conduct that may technically be criminal but rarely result in a charging decision through the public route.
For affected businesses, the consequences extend well beyond the immediate loss. Repeat offending damages staff morale and customer confidence, drives up insurance premiums, and can, over time, undermine the viability of operating in particular locations. A properly conducted private prosecution can change that calculus, sending a clear message that criminal conduct against the business will be met with a robust and lawful response.
How we help
Ampersand Law advises clients across the full lifecycle of a private prosecution, from initial assessment of the evidence and viability of charges through to investigation, charging, trial, and any consequential confiscation or compensation proceedings. Our work in this area typically involves:
Advising on whether a private prosecution is the right route, or whether civil or regulatory remedies would better serve the client's objectives. Instructing and working alongside investigators, counsel, and forensic experts to build a case that meets the evidential standard required by the Code for Crown Prosecutors. Ensuring that disclosure obligations and the duties owed by a prosecutor are met at every stage. Pursuing compensation and confiscation where appropriate, so that the financial consequences for the offender reflect the harm caused.
We are mindful that a private prosecution is not the right answer in every case. Part of the value we offer is an honest assessment of whether the matter should proceed, what the realistic outcomes are, and how the costs and risks compare with the alternatives.
Looking ahead
Membership of the PPA gives us access to a network of leading practitioners and to ongoing training and best-practice guidance in a field that continues to develop rapidly. With public prosecution resources under sustained pressure, we expect demand for well-conducted private prosecutions to grow, and we are committed to ensuring our clients are properly served when they need to take that step.
If your business has been the victim of criminal conduct and you are not getting the response you need from the statutory authorities, we would be glad to discuss whether a private prosecution may be an option. Please get in touch with Daniel Gormley or the wider team at Ampersand Law.
