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PRIVATE PROSECUTIONS

Background

The right of individuals to bring private prosecutions (with certain exceptions) was included under the Prosecution of Offences Act, which set up The CPS. The CPS has the right to take over the prosecution and continued it; OR to take over the prosecution and discontinue it; OR to allow it to continue. The CPS recognises that the right to bring a private prosecution should remain and that The CPS should not take over a private prosecution unless there is a good reason to do so.

Procedure

A private prosecutor or a defendant might ask The CPS to take over a private prosecution; or a justice’s clerk might refer a private prosecution to The CPS, or The CPS might learn of a private prosecution in some other way. The CPS will take over and discontinue a private prosecution when:

  • There is so little evidence that there is no case to answer; or
  • The prosecution falls far below the public interest test in the Code for Crown Prosecutors; or
  • The prosecution is likely to damage the interests of justice.

The CPS will take over and continue a prosecution when the case in an important or difficult one that merits a public prosecution.

We would take over the case and prosecute only if the case passes the two tests in the Code, ie. there is sufficient evidence and a prosecution is in the public interest.

If it seems that the case should be taken over, The CPS will call for the papers. This means asking the private prosecutor to pass evidence and documents to The CPS so that The CPS can decide whether to take over. It also includes asking the police for any evidence or information they have.

Sometimes the papers will not contain enough evidence or information for The CPS to be able to decide whether or not to take over the prosecution. If this happens, The CPS will, if it seems that further investigation is necessary, ask the police to investigate.

If The CPS takes over a private prosecution, it will review the case in accordance with the tests contained in the Code for Crown Prosecutors (published on The CPS website at www.cps.gov.uk). If the case passes both tests, The CPS will continue with the private prosecution.