Private Prosecutions the Process

The private prosecution process begins with the laying of information – also referred to as applying for a summons – which is an act carried out by the person or organisation bringing the prosecution. This is the first step that needs to be taken by an individual or corporate that sees a private prosecution as the best option available to them.

An information is the statement that informs a magistrate of the offence. It is created to initiate the criminal proceedings.

For summary offences – less serious cases that are usually disposed of in a magistrate’s court, such as motoring offences or minor assaults – the laying of information must be done within six months of the date the alleged offence was committed.

Anyone wanting to bring a private prosecution does not have to have already brought the matter to the attention of the police, although there may be costs consequences for a failure to initially report the matter to the police. But if the Crown Prosecution Service (CPS) is already in the process of considering bringing certain charges, the magistrate should take time before issuing a summons for a more serious charge following an application by someone looking to bring a private prosecution (a private prosecutor). If this were to happen, it is possible the Director of Public Prosecutions may take over the private prosecution (R v Tower Bridge Metropolitan Stipendiary Magistrate Ex Parte Chaudhry [1993] 99 Cr App R 170).

The Court’s Decision to Issue a Summons

Once an information has been laid the court will decide whether to issue a summons, in accordance with section 1 Magistrates’ Court Act 1980. The Criminal Procedure Rules 2015 (amended in 2018 and 2019) set out the relevant rules.

Crim PR 7. Crim PR 7(6) state that an application for a summons should:

* Concisely outline the grounds for asserting that the defendant has committed the alleged offence or offences.

* Disclose details of any previous application by the same applicant in respect of any allegation now made and details of any current or previous proceedings brought by another prosecutor in respect of any allegation now made.

* Include a statement that to the best of the applicant’s knowledge, information and belief the allegations contained in the application are substantially true, the evidence that the applicant relies on will be available at the trial, the details given by the applicant about any previous application or other proceedings are true, and that the application discloses all the information that is material to what the court must decide.

Paragraph 22 of the judgement in R (Kay and another) v Leeds Magistrates’ Court [2018] 2 Cr App R 27 details what the court has to consider when deciding whether to issue a summons.

These considerations are:

* The magistrate must ascertain whether the allegation is an offence known to the law and, if so, whether the essential ingredients of the offence are prima facie present.

* That the offence alleged is not time-barred, that the court has jurisdiction and whether the informant has the necessary authority to prosecute.

If these considerations are satisfied, the magistrate should issue the summons, unless there are genuine reasons not to do so. This could be because the application is vexatious, an abuse of process or otherwise improper. The magistrate is not obliged to make enquiries but can do so if it is thought necessary. It is at the magistrate’s discretion whether they notify the proposed defendant of the application and hear the proposed defendant before making the decision regarding granting the summons.

How much does a private prosecution cost?

The cost of a private prosecution depends on the size and complexity, but your private prosecution solicitor should give you an educated estimate of the cost at each stage of the proceedings, but it can cost £2k to initiate the Laying of information up to £8.5K you can recover your costs from the court, whether you win or lose. These costs will be assessed and if the court believe they are reasonable

you will be refunded the costs regardless of the outcome. If appropriate you can also recover

compensation from the defendant in some cases such as assault or fraud.

We would only charge £300 for the exact documents the solicitors would fill in and start the process of private prosecution, saving you £1700+.

We will send you the link on what magistrate’s court to send your email or to post your documents to once you have paid our fee.