Can I file for Private Prosecution anywhere I want in UK or it has to be where the offense were committed or where I live?

2015-08-18 6:05 pm

回答 (2)

2015-08-18 6:24 pm
✔ 最佳答案
Private prosecution refers to the criminal law. A member of the public can bring a private prosecution for any offence, unless the offence is one for which the consent of the Attorney General (AG) or the Director of Public Prosecutions (DPP) is required before a prosecution can take place. S.6(1) of the Prosecution of Offences Act 1985.

All prosecutions in the magistrates’ court, including private prosecutions, are commenced by the laying of an information. This should be in the court with jurisdiction of the offence. You need to detail the offence; the legislation that creates it, and; detail the particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant.

This is contained within Rule 7.2 of the Criminal Procedure Rules: http://www.legislation.gov.uk/uksi/2014/1610/article/7.2/made

Once information has been made the magistrate or clerk will then issue a warrant which is served on the accused, along with the date on which they must attend court for their first appearance to face the charges.The Crown Prosecution Service (CPS) has the right to take over any private prosecution (under section 6(2) of the Prosecution of Offences Act) and either continue with the prosecution or discontinue it. However, the CPS is only likely to discontinue the case where there isn’t sufficient evidence to provide a realistic prospect of conviction or the CPS do not deem the prosecution to be in the public interest.

The costs of pursuing a private prosecution can range from £6,000 upwards depending on the volume of evidence, the investigatory work needed and the complexity of the case. Before considering a private prosecution you should consider whether or not you have sufficent evidence to be in with a realistic prospect of success.

You should review this guide here: http://www.cps.gov.uk/legal/p_to_r/private_prosecutions/
2015-08-18 6:19 pm
It will need to be heard at the magistrates' court for the area the offence was committed in. And please note that as British, we don't spell in American.

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