united-kingdom criminal-law
uk law, private prosecutions and the consent of the DPP
<p>In the UK, suppose you are bringing a private prosecution against some individuals.</p>
<p>I believe that the person bringing the prosecution may terminate the case at any time.</p>
<p>However, if the (DPP) charges are serious enough, you have to obtain the consent of the Director of Prosecutions. Does this mean, in such a case, the person bringing the prosecution gives up the right to terminate the case?</p>
<p>Certainly (for something like say murder or perverting the course of justice) it would seem me to be odd that if the DPP gives consent for the case to go forward, then it must believe there is evidence for the crime.</p>

<p>The Crown Prosecution Service can always take over a private prosecution, regardless of whether consent was needed at an earlier stage. So they could always force it to proceed, or to stop (subject to whatever judicial control is in play for the stage of the proceedings). There are different ways of halting it depending on how far it has progressed and in which court, but the main point is that once the CPS has taken over, the original prosecutor is out of the picture.</p>
<blockquote>
<p>Where criminal proceedings are instituted in circumstances in which the Director is not under a duty to take over their conduct, he may nevertheless do so at any stage.</p>
<p>(<a href="https://www.legislation.gov.uk/ukpga/1985/23/section/6" rel="nofollow noreferrer">Prosecution of Offences Act 1985, s.6(2)</a>; &quot;the Director&quot; is the Director of Public Prosecutions, who heads the CPS)</p>
</blockquote>
<p>But by <a href="https://www.cps.gov.uk/legal-guidance/private-prosecutions" rel="nofollow noreferrer">current policy</a>, the act of seeking the DPP's consent will mean that the CPS will either take over the prosecution and run with it, or else refuse consent so that it doesn't go forward anyway:</p>
<blockquote>
<p>If an offence requires the DPP's consent to prosecute, the private prosecutor must seek that consent. If the proposed prosecution passes the Full Code Test, the CPS will take over the prosecution. Conversely, if the proposed prosecution fails the Test, the DPP's consent to prosecute will not be given.</p>
</blockquote>
<p>The &quot;Full Code Test&quot; is an assessment of whether there is enough evidence to provide a realistic prospect of conviction, and of whether prosecution would be in the public interest. This appears to be functionally the same policy for offences that need the DPP's consent (which can be delegated to other officials) or his personal consent (which can't).</p>
<p>Some offences can only be prosecuted with the Attorney General's consent. The AG also has power to halt <em>any</em> prosecution, by entering a declaration of <em>nolle prosequi</em>, so could certainly terminate a prosecution to which she had previously consented. Additionally, I would expect that if someone sought the AG's consent for a private prosecution, she'd also refer it to the CPS to take over. If she didn't, but then wanted it to proceed after the original prosecutor had changed his mind, she could contact the CPS at that stage.</p>
