The recovery of costs incurred by private prosecutors from central funds is permitted under section 17 of the Prosecution of Offences Act 1985 (‘the Act’) for proceedings in respect of indictable offences (or certain either way or summary matters) and for any period when the case was not prosecuted by the Crown Prosecution Service. Section 17 […]
There is of course nothing more exhilarating than amendments to the Criminal Procedure Rules: the Criminal Procedure (Amendment No. 2) Rules (S.I. 2022/815) (“the Rules”), which came into force on 3 October 2022, are no exception. The Rules introduce subtle but important amendments to the procedure governing the bringing of private prosecutions, and applications for […]
Before applying for a summons, every private prosecutor needs a checklist to ensure compliance with the required formalities. Chief amongst these considerations will be the securing of any necessary consent to the prosecution, for example from the Attorney General or the Director of Public Prosecutions. It might be thought that this was an unmissable step […]
A festive reminder to dot your i’s and cross your t’s when starting a private prosecution. Just in time for Christmas, and so you can prosecute Santa/Jeff Bezos for a disappointing haul, the Justices’ Clerks’ Society (JCS) has issued new guidance on the perils and pitfalls of starting a private prosecution. For many, this will […]
The Queen on the application of Smith-Allison v Westminster Magistrates’ Court (Defendant) and Mark Burn, Max Bull (Interested Parties) [2021] EWHC 2361 (Admin) In a recent decision, the High Court upheld a claim for judicial review of a legal adviser’s decision to refuse to issue a summons in a private prosecution. The judgment emphasised […]
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