Routes to defending private prosecutions

The right to bring a private prosecution is an important one in law, and many such prosecutions will be properly brought and managed by the prosecution. However, if this is not the case, the defence has various options available to it to challenge the prosecution. Many of the options will be similar to those available in public prosecutions, however, there are some elements specific to private prosecutions.

The defence can challenge a private prosecution at various stages of the proceedings and in various ways including:

1. •

   in the magistrates’ court, eg by challenging the Summons (see further below: Challenging a private prosecution before the summons or warrant is issued in the magistrates' court and Challenging a summons after issue)

2. •

   in the magistrates’ court or the Crown Court by challenging the proceedings as an Abuse of process