BSQ News – Another Private Prosecution Summons Quashed

BSQ partner Roger Sahota has successfully represented a property professional in a private prosecution for perverting the course of justice. The case concerned allegations that our client had provided false evidence to a court when applying for an injunction.

 A summons alleging perverting the course of justice was quashed following a contested hearing at Westminster Magistrates Court. The Court upheld BSQ submissions that the private prosecutor had failed to act in accord his “duty of candour” when applying for a summons.

 A private citizens ability to bring a private prosecution is an important constitutional right. However, the law requires a private prosecutor to act fairly - akin to a “Minister of Justice” - particularly where an “ex parte” order such as a summons (where the Accused is not at present in court to argue their case) is sought.

 In this case the Court found that the private prosecutor had failed to disclose relevant information which would have affected the judges original decision to issue the summons for the perverting the course of justice charge.

The number of private prosecutions is on the increase, particularly as the CPS and other state agencies face funding challenges which means they are often ill-equipped or reluctant to prosecute allegations of complex economic crimes. BSQ specialises in defending and bringing private prosecutions. This is the second recent case where BSQ, acting in a privately instructed capacity, have succeeded in defending a private prosecution.

If you require advice and assistance in defending a private prosecution please contact our London offices.