Comments by "Aden Wellsmith" (@adenwellsmith6908) on "At the post office inquiry" video.
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@Jon-xw9om A private prosecution is a prosecution started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority. A 'prosecuting authority' includes, but is not limited to, an entity which has a statutory power to prosecute.
There are a number of organisations that regularly prosecute cases before the courts of England and Wales but they do so as private individuals, using the right of any individual to bring a private prosecution. One example is the RSPCA.
The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985. There are, however, some limitations:
the Director of Public Prosecutions (DPP) has power under section 6(2) POA 1985 to take over private prosecutions;
in some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings.
In principle, there is nothing wrong in allowing a private prosecution to run its course through to verdict and, in appropriate cases, sentence. The fact that a private prosecution succeeds is not an indication that the case should have been prosecuted by the CPS. Parliament has specifically allowed for this possibility by the way section 6 is constructed: there is no requirement for the CPS to take over a private prosecution.
However, there will be instances where it is appropriate for the CPS to exercise the Director's powers under section 6(2) POA 1985, either to continue the prosecution or to discontinue or stop it.
The key point is that when asked to do so, the CPS must make a decision on whether or not to take over a private prosecution. The decision whether or not to take over a private prosecution should be made by the reviewing lawyer and endorsed/ratified by a Chief Crown Prosecutor (CCP) (or Deputy CCP (DCCP)) or relevant Head of Casework Divisions (HoD) (or their Deputy) and recorded in writing.
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