Q&As

Where a private prosecutor has failed to provide a statement that, to the best of their knowledge, information and belief, their application for a summons discloses all the information that is material to what the court must decide (CrimPR 2015, SI 2015/1490, r 7.2), what remedies are available? For example, is the summons liable to be quashed and the information dismissed? What powers would the court have to review the matter?

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Published on LexisPSL on 23/10/2019

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Where a private prosecutor has failed to provide a statement that, to the best of their knowledge, information and belief, their application for a summons discloses all the information that is material to what the court must decide (CrimPR 2015, SI 2015/1490, r 7.2), what remedies are available? For example, is the summons liable to be quashed and the information dismissed? What powers would the court have to review the matter?
  • Procedure for bringing a private prosecution
  • Remedies for a failure to observe the procedural requirements for bringing a private prosecution
  • The Code for Private Prosecutors

Procedure for bringing a private prosecution

Section 6(1) of the Prosecution of Offences Act 1985 (POA 1985) permits private individuals to institute and conduct private prosecutions. See generally, Practice Note: Private prosecutions—an introductory guide for more information.

There are a number of procedural requirements that the private individual must follow in order to bring a private prosecution. These requirements are outlined in Practice Note: Private prosecutions—an introductory guide at section ‘Procedure for bringing a private prosecution’. Among these requirements is the requirement that the application by the private individual must include a statement, to the best of the applicant’s knowledge, information and belief, that:

‘[…] the application discloses all the information that is material to what the court must decide’

(Criminal Procedure Rules 2015 (CrimPR 2015), SI 2015/1490, r 7.2(6)(c)(iv))

This statement may be made orally on oath or affirmation (CrimPR 2015, SI 2015/1490, r 7.2(7) but would, in such an event, be recorded.

This is not the only formulation of this requirement that exists in the CrimPR 2015, SI 2015/1490. Indeed, this provision forms one of the general procedural requirements for issuing investigation warrants (see: CrimPR 2015, SI 2015/1490, r 47.26) as well as in other places in the rules in respect of other applications.

In the context of applications for a warrant, the provision was further expanded by

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