ABI introduces Private Prosecution Scheme to safeguard investigators

The primary objective of the ABI Private Prosecution Scheme is to provide a robust framework for ABI members who experience criminal conduct without sufficient police intervention. This initiative is particularly relevant for investigators and process servers who may encounter hostility or violence in their line of work. By facilitating access to private prosecution, the ABI aims to ensure that justice is pursued when public law enforcement is deemed inadequate or unresponsive.

The Private Prosecution Scheme explicitly covers incidents that occur during the course of official duties transacted by ABI members. Examples of such incidents include assaults against members, criminal damage to property and hate crimes or other forms of criminal conduct directed at members.

It’s crucial to note that the Private Prosecution Scheme doesn’t replace police or judicial processes. Rather, it serves as a supplementary avenue for pursuing justice through private prosecution when traditional routes fall short.

Governance and oversight

The Private Prosecution Scheme is governed by a panel of three full members appointed by the Governing Council of the ABI. This panel is responsible for deliberating on cases and determining whether there exists a prima facie case based on the evidence presented.

The Secretariat manages the day-to-day operations of the Private Prosecution Scheme, including intake and communication, thereby ensuring a streamlined process for those members seeking assistance.

In order to initiate a private prosecution under the Private Prosecution Scheme, complainants must provide verifiable evidence of the incident. This includes video footage (eg from body-worn cameras), witness statements and any supporting documentation (such as incident reports and medical records).

The evidence must adhere to specific formats and timelines as stipulated by the Private Prosecution Scheme, thereby ensuring that all claims are substantiated on an adequate basis.

Police reporting precondition

A critical precondition for accessing the Private Prosecution Scheme is that the complainant must first report the incident to the police. The ABI’s scheme only proceeds if the police confirm they will take no action or if the case is closed without further action. This requirement underscores the importance of engaging with law enforcement as the first line of response.

To submit a complaint, members must do so via e-mail within 20 business days of the incident. The initial submission should include a detailed narrative of the event along with all supporting evidence. Once received, the Secretariat will acknowledge the complaint and assign a case reference number.

Following this, the appointed panel will conduct a preliminary review to assess the evidence and determine if a prima facie case exists. If a case is established, the Private Prosecution Scheme may proceed with referrals to legal counsel for private prosecution and potential financial assistance from the dedicated fund established to support these cases.

The ABI places a high priority on confidentiality and data protection. All information and evidence submitted under the Private Prosecution Scheme is treated with the utmost discretion, always following applicable data protection laws and the ABI’s own privacy policy. Access to case files is restricted to authorised personnel only, ensuring that sensitive information remains secure.

Appeals process

If the panel determines that no prima facie case exists, complainants have the right to appeal this decision. The Appeals Policy outlines the grounds for appeal, which can include procedural irregularities or the introduction of new evidence. The Appeals Panel, itself composed of members of the Governing Council not involved in the original decision, will review the appeal and render a final decision. 

The ABI’s Private Prosecution Scheme represents a significant advancement in supporting investigators and process servers who face criminal conduct in the course of their duties. By providing a structured pathway for private prosecution, the ABI empowers its members to seek jstice and reinforces the importance of safety and security in their professional lives.

As the Private Prosecution Scheme evolves, it stands as testament to the ABI’s ongoing commitment to advocating for its members and ensuring that their rights are protected.

*Further information is available online at www.theabi.org.uk