Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Private Prosecution definition

What does Private Prosecution mean? A private prosecution is a criminal case started by an individual or organisation rather than by the state. In England and Wales the right is preserved by section 6(1) of the Prosecution of Offences Act 1985; the Crown Prosecution Service (CPS), on behalf of the DPP, may take over and continue or discontinue. Any offence requiring Attorney General or DPP consent still needs that consent. Proceedings are usually begun by laying an information under the Magistrates' Courts Act 1980. Private prosecutors owe the same duties of fairness and disclosure under the CPIA 1996 and are subject to abuse of process...

Private prosecutions in England and Wales: powers, procedure, CPS takeover, duties of candour, pitfalls, costs, confiscation and compensation

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Practice notes

Power to bring a Private Prosecution

A private prosecution is initiated by an individual, company or organisation acting independently of the police, the Crown Prosecution Service (CPS) or any other public prosecuting body. Section 6(1) of the Prosecution of Offences Act 1985 (POA 1985) safeguards the ability of a private person to commence and run criminal proceedings. A broad spectrum of offences is routinely pursued through such actions, often by specialist bodies and charities. Notably, the courts have repeatedly acknowledged this as a significant right within the justice system.

Charities, including the Royal Society for the Prevention of Cruelty to Animals (RSPCA), bring cases privately.
Organisations such as the Federation against Copyright Theft and the British music industry pursue misuse of intellectual property through private prosecutions.
The Financial Conduct Authority (FCA) has also exercised this route, acting in the capacity of a private individual to prosecute matters outside its direct statutory remit (see R v Rollins).

Taken together, these examples illustrate that private prosecutions provide an established mechanism for addressing wrongdoing where public authorities are not bringing proceedings, preserving an important avenue for accountability...

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Web page updated on 21/05/2026

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