Private prosecutions: can I prosecute someone myself?
Yes. Any person or company can bring a private prosecution (Prosecution of Offences Act 1985 s.6(1)), but the DPP can take it over and stop it, some offences need official consent, and you carry the prosecutor's duties and real costs risk.
The right to prosecute
Section 6(1) of the Prosecution of Offences Act 1985 preserves the right of any person, including a company or charity, to start and conduct a criminal prosecution. The police need not have investigated, and you do not have to tell the CPS.
The DPP can take over
Under s.6(2) the Director of Public Prosecutions can take over a private prosecution at any stage, usually when either side asks. The CPS applies the Full Code Test in the Code for Crown Prosecutors:
- if the evidential stage (realistic prospect of conviction) or the public interest stage is not met, it will take the case over and stop it;
- if both are met, it will take over and continue only where there is a particular need, such as a serious case, sensitive disclosure, special measures or extradition;
- otherwise it leaves you to run the case.
A case is likely to be stopped if the suspect was promised immunity or already cautioned, or the prosecution is vexatious or malicious. The Supreme Court upheld this approach in R (Gujra) v CPS [2012] UKSC 52.
Starting a case
You lay an information, or apply for a summons, at the magistrates' court, setting out the offence and the evidence. The court checks that it discloses an offence, is in time (summary-only offences generally within 6 months) and is not vexatious. You must be candid about anything that weighs against issuing. Some offences need the consent of the DPP or Attorney General first; if a DPP-consent case passes the Full Code Test, the CPS will take it over.
Your duties
Like the CPS, you must act fairly and give proper disclosure of unused material that could help the defence. Failures can lead to the case being stayed and to costs orders against you.
Costs
- For indictable offences, including either-way offences, the court can order your reasonable costs to be paid from central funds (s.17). This is not available for summary-only cases in the magistrates' court.
- The court can award less where full recovery is inappropriate. The Court of Appeal in R v BDI [2025] EWCA Crim 1289 said that bringing a substantial case without trying to involve the state prosecutor may justify capping costs at CPS rates.
- The Victims and Courts Act 2026 allows the Lord Chancellor to make regulations limiting these payments.
- A failed or improper case can lead to costs against you, or a civil claim for malicious prosecution.
Practical points
Consider reporting to the police first, avoid any appearance of a vendetta, and take specialist advice before laying an information.
Authorities: Prosecution of Offences Act 1985 ss.6, 17; Victims and Courts Act 2026 s.12; Magistrates' Courts Act 1980 s.127; Code for Crown Prosecutors; CPS Private Prosecutions guidance (updated 31 July 2026); R (Gujra) v CPS [2012] UKSC 52; R v BDI [2025] EWCA Crim 1289