Private Prosecutions: A Route to Justice for the Falsely Accused

By Michael Thompson, Founder of the Falsely Accused Network

As the founder of the Falsely Accused Network, one of the most common questions I receive is: "How do I get justice against my false accuser when the police aren't interested?" This is a frustrating and painful situation that many of our members face. After working with countless individuals who have been falsely accused, I've found that private prosecutions can offer a viable route to justice when the traditional system fails you.

What Are Private Prosecutions?

In England and Wales, our legal system preserves an important right under Section 6(1) of the Prosecution of Offences Act 1985. Despite the existence of the Crown Prosecution Service (CPS), any individual retains the right to institute criminal proceedings. This means that you, as a private citizen, can bring a criminal case against someone who has committed an offence against you - including those who have made false allegations.

Why Consider a Private Prosecution?

In my years of supporting the falsely accused, I've seen many cases where public authorities decline to take action against false accusers. This can happen for various reasons - resource constraints, differing priorities, or sometimes simply a failure to recognise the devastating impact of false allegations.

When the system fails to deliver justice, a private prosecution puts the power back in your hands. It allows you to hold your accuser accountable for their actions and seek the vindication you deserve.

The Process

From my experience helping members through this process, I can tell you it involves:

1. Gathering compelling evidence that meets the criminal standard

2. Laying an information before a magistrate

3. Obtaining a summons requiring your false accuser to attend court

4. Preparing your case thoroughly, often with professional legal assistance

5. Presenting your case in court

Benefits I've Seen for Our Members

Regaining Control

After the powerlessness of being falsely accused, taking action through a private prosecution gives you back a sense of agency and control.

Access to Justice

When the CPS won't act, this alternative pathway ensures you're not left without recourse.

Public Vindication

A successful prosecution provides public acknowledgment that you were wrongfully accused - something many of our members find crucial for healing.

Deterrent Effect

In my work with the Network, I've seen how successful prosecutions can deter false allegations within communities.

Challenges to Be Aware Of

I'm always honest with our members about the challenges:

Financial Investment

Private prosecutions require significant financial resources, which can be a barrier for many.

Evidential Hurdles

You'll need to meet the same evidential standards as the CPS - sufficient evidence for a realistic prospect of conviction.

Risk of CPS Intervention

The CPS can take over and potentially discontinue your case if they believe it doesn't meet their standards.

Emotional Cost

Pursuing justice through this route can be emotionally draining and requires significant resilience.

My Advice Based on Network Experience

Before embarking on a private prosecution, I typically advise our members to:

1. Consult with a solicitor experienced in private prosecutions

2. Consider alternative options like civil proceedings for defamation

3. Prepare for a potentially lengthy process

4. Ensure you have support systems in place

Conclusion

In my work with the Falsely Accused Network, I've seen private prosecutions provide justice and vindication for people who thought all hope was lost. While they're not without challenges, they represent a powerful tool for those who have been falsely accused.

If you find yourself asking that all-too-common question - "How do I get justice when the police aren't interested?" - remember that private prosecutions offer a route to justice that puts the power back in your hands.

The path may not be easy, but for many of our members, the vindication and closure it brings has been worth every step of the journey.

If you've been falsely accused of domestic abuse then visit www.falselyaccusednetwork.co.uk or email support@falselyaccusednetwork.co.uk to arrange a free and confidential call.

** This article is for information only and doesn't constitute legal advice. You MUST seek the advice from a qualified solicitor or barrister before taking any legal action *