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Comment by VWWHFSfQ | Hacker News Reader

> With assistance from anti-piracy company FACT, in 2019 a private prosecution brought by the Premier League resulted in a four-week trial at Warwick Crown Court that would end badly for the men.

I don't know anything about UK law, but what on earth is a "private prosecution"? And it can result in prison time???

In USA you have a criminal prosecution brought by the state. Anything else would be a civil lawsuit and those don't result in jail time.

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It's exactly what it sounds like - a criminal prosecution pursued by a private person.

This is possible because otherwise, you are at the whim of the Crown (or in the USA, the District Attorney) as to whether or not a crime gets prosecuted. It doesn't seem equitable for a crime to be committed but never prosecuted because the government doesn't care, or doesn't have the resources to do so. The same standards of evidence apply.

It's rarely invoked (but not unheard of), and given how topical Chesa Boudin is at the moment, you can see the reasoning.

Many states in the US allow private citizens to start prosecutions that then get passed to a public prosecutor; some also allow private citizens to attempt to convince a magistrate to issue arrest warrants. There are also a few that allow private citizens to try a complete case (ex: Virginia). It’s rare, and not allowed for federal cases, but is a thing in the US.

In England specifically, a private person can bring a criminal case to court, subject to the court's and the crown prosecutor's approval. This mostly shows up in two cases - railway byelaw prosecutions (e.g. ticket-dodging), and TV license fee prosecutions.

Another is animal cruelty, pursued by animal charities. Basically it's when someone's committed a crime but the CPS (equivalent of the DA) is never going to bother to prosecute them so you volunteer to organise the prosecution yourself.

Eh, my US state allows private people to obtain criminal complaints directly from the court clerk magistrate without the support of the police or district attorney.[1]. That said I think the DA would need to try the case....

[1] https://www.mass.gov/how-to/file-a-criminal-complaint

https://www.gov.uk/government/publications/private-prosecuti...

> I don't know anything about UK law, but what on earth is a "private prosecution"?

The same thing it is in the United States. When you're taken to court by something other than the state.

If Kentucky sues you, it's a public prosecution. If I sue you, it's a private prosecution.

Google could have explained this.

> In USA you have a criminal prosecution brought by the state.

Not usually, no.

> Anything else would be a civil lawsuit

A private prosecution is a civil lawsuit if it's a lawsuit.

Not all prosecutions are lawsuits. If I take you to court for breaking a contract, your private prosecution will be a lawsuit. If I take you to court for shooting me, it will be different.

But that would be a civil suit right? There's no private prosecution that can ask for a prison sentence and no way for you to pursue criminal charges against me directly. Which is what's happening here.

I'm not sure what you're trying to say but it doesn't really address any part of the question. You're talking about civil lawsuits vs criminal prosecutions?

> > In USA you have a criminal prosecution brought by the state.

> Not usually, no.

Yes always, yes.

We have that in canada too! But it's rarely used

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