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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to start criminal proceedings against a person

Resolved Question:

I would like to start criminal proceedings against a person who has openly committed fraud against me. I have the evidence and I can prove I've suffered a massive loss. My evidence is unquestionable and proves beyond all doubt that fraud and perjury have
been committed. I believe I can bring a private criminal action against someone under section 6(1) of the Prosecution of Offences Act (POA) 1985. Am I correct with this act? How do I start proceedings. What is the procedure I have to follow? Do I need to write
to the people in question or do I simply put the application in to the courts. I need an urgent answer to this and will tip accordingly.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you tell me more about your situationClare
Customer: replied 1 year ago.
She emailed me various documents including letters and emails that appeared to come from the banks that showed she had over £5million in cash in the bank.As a result of these I entered into various businesses with her. Of which there's now a dispute. She was brought in to fund the deals.She has stated officially that the documents were created by her and did not originate from the bank. She did not have this amount of money. She has also officially confirmed that her bank manager assisted with the whole fabrication. There is actual documentation to support this.I subsequently suffered financial losses as I lost all the businesses because they couldn't be funded.
Expert:  Clare replied 1 year ago.
Have you reported this to the Police/
Customer: replied 1 year ago.
Not yet. But we fear they will fob us off and say it's a civil matter.And it would be weeks if not months before they did anything.
We need to make an action now and hope cps take over.
Expert:  Clare replied 1 year ago.
Hi
I am afraid that it is highly unlikely that the CPS will take it over at all however it is certain that they will not do so unless and until the matter has been reported to the Police and an investigation has been completed
Indeed it is doubtful that the Magistrates will even accept the application.
However you are entitled to try and the process is described here
http://www.mccue-law.com/wp-content/uploads/2011/09/UK-guide-to-private-prosecution1.pdf
Please ask if you need further details
Clare
Customer: replied 1 year ago.
HiWhat makes you think that the magistrates will not accept it?We have unquestionable evidence to support a crime in relation to the forgery and counterfeit act 1981 at the very least.Based on own research into the process, I've been led to believe that the CPS have the right to take over the process. In your experience is this rare?
Expert:  Clare replied 1 year ago.
The Magistrates will be reluctant as it appears that you have not reported the crime to the police and there has been no investigation
The Magistrates will not wish to set a precedent where a Private Prosecution is used INSTEAD of reporting a crime to the Police
It is indeed very rare for the CPS to take over and continue a prosecution and again the fact that the crime has never been reported to the police will be a major problem
Clare
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