Private prosecutions

What is a private prosecution and who can bring one?

The right to bring a private prosecution is provided by section 6(1) of the Prosecution of Offences Act 1985 (POA 1985).

This applies to any private individual or entity.

The majority of investigations and prosecutions are carried out by public bodies. Conversely, a private prosecution is a prosecution started by a private individual or entity that is not acting on behalf of the police or other public body. Private prosecutions have been brought by individuals and corporations, charities (such as the Royal Society for the Prevention of Cruelty to Animals), or organisations (such as Federation against Copyright Theft), and regulators (such as local councils and the Financial Conduct Authority).

Private prosecutions are often brought where public prosecutors are unwilling to bring prosecutions against the potential defendant.

Private prosecutions may be used where civil claims cannot be brought, including where limitation issues are relevant. It may also be easier to establish jurisdiction than in a civil matter.

There are some limitations to the right to prosecute privately. Most notably, the Director of Public Prosecutions (DPP) has the authority