When organisations uncover serious wrongdoing, the immediate assumption is often that the matter will be investigated by the police and, where appropriate, prosecuted through the criminal justice system.
In reality, this is not always the case.
Police forces face increasing demands and must prioritise investigations based on a range of factors, including available resources, evidential thresholds, public interest and the likelihood of securing a conviction. As a result, organisations can sometimes find themselves in the difficult position of possessing credible evidence of criminal conduct but with no immediate prospect of a prosecution.
This does not necessarily mean the matter should end there.
When Organisations Face Criminal Wrongdoing
Corporate fraud, employee theft, financial crime, intellectual property theft, bribery, corruption, cyber-enabled crime and other serious offences can have significant financial, operational and reputational consequences.
For boards and senior leaders, the challenge extends beyond identifying what happened. They must also consider whether those responsible should be held accountable, whether losses can be recovered and whether failing to act could expose the organisation to further risk.
Understanding the available legal options becomes an important part of managing that response.
A Private Prosecution May Be an Option
Many organisations are unaware that, in appropriate circumstances, they may have the legal right to bring a private prosecution.
Private prosecutions have long formed part of the criminal justice system in England and Wales. They allow individuals and organisations to commence criminal proceedings where there is sufficient evidence, and it is in the public interest to do so.
They are not intended to replace the police or Crown Prosecution Service. Instead, they provide a lawful mechanism where criminal conduct has been identified but public authorities are unable to pursue the case.
Success Starts with the Investigation
Whether a case is ultimately referred to the police or progresses as a private prosecution, the quality of the investigation is critical.
Evidence must be gathered lawfully, preserved correctly and presented to the standards expected within criminal proceedings. Poorly managed investigations can undermine an otherwise strong case, while early investigative decisions may significantly influence whether prosecution remains a viable option.
This is why organisations increasingly seek specialist investigative support from the outset, particularly where allegations involve fraud, financial crime, corruption or other complex matters.
In one recent matter, a client had paid in advance for services that were never delivered. Our enquiries established that the company had already entered insolvency proceedings before the payment was requested, and that the individual behind it had a sustained history of incorporating, renaming and dissolving companies. Asset tracing identified property holdings in his name, leaving the client in a considerably stronger position to pursue recovery.
David Wood, Chief Executive Officer at GSA Global, commented:
“Having spent more than 40 years leading complex investigations across policing, government and the private sector, I know that successful outcomes are built on the quality of the evidence gathered from the very beginning. Whether a matter is investigated by the police or considered for a private prosecution, organisations need confidence that the facts have been established, evidence has been preserved correctly, and every appropriate option has been considered.”
More Than Securing a Conviction
A private prosecution is not simply about bringing criminal charges.
It can demonstrate that an organisation takes wrongdoing seriously, provide accountability where other routes have stalled and reinforce confidence among employees, shareholders, customers and other stakeholders that criminal behaviour will be addressed appropriately.
In many cases, simply understanding that this option exists enables organisations to make more informed decisions about how they respond to serious incidents.
Early Advice Can Make the Difference
Not every case will be suitable for a private prosecution, and every investigation should begin with an objective assessment of the available evidence, legal considerations and the wider organisational objectives.
Seeking independent advice early helps ensure evidence is preserved, investigative opportunities are not lost, and decision-makers understand the full range of options available before committing to a course of action.
How GSA Global Can Help
GSA Global supports organisations investigating serious allegations of criminal wrongdoing. Our specialists have extensive experience leading complex investigations, gathering evidence to criminal standards and working alongside legal advisers to assess whether a private prosecution may be appropriate.
Where appropriate, we help clients understand their options, strengthen the evidential position and support the pursuit of lawful, proportionate and effective outcomes.
