Library › Court and procedure

Private prosecutions: can I prosecute someone myself?

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

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:

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

Practical points

Consider reporting to the police first, avoid any appearance of a vendetta, and take specialist advice before laying an information.

Call 0843 636 7687Ask a solicitor to call me

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

All library guides · Ask Theodorous a question