Evaluating the case for greater use of private prosecutions in England and Wales for fraud offences

•We have looked at the prosecution landscape as it has evolved recently in England and Wales.•We have considered the legal basis for private prosecution for fraud.•We have identified reforms to help fill the existing sanctions gap in countering fraud.•We have considered the challenges and opportunities for the use of private prosecutions.

This paper considers the challenges and opportunities that exist in England and Wales for the use of private prosecutions for Fraud. It considers the need for sanctions against fraudsters: looks at the prosecution landscape as it has evolved, especially during the 21st century: considers the legal basis for private prosecution and gives a brief history of its extent. The advantages and disadvantages associated with private prosecution are considered and recommendations made on the changes needed before there could be significant developments in the use of private prosecutions.