Private Prosecutions
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the procedures and considerations for the Crown Prosecution Service (CPS) when dealing with private prosecutions. It details how the CPS may become involved in a private prosecution, criteria for taking over the case, and the public interest factors that must be weighed. Specific sections address issues like disclosure responsibilities and the role of the Special Crime Division (SCD) in overseeing these cases.
Key points
- Private prosecutions are initiated by individuals or entities, not the CPS.
- The CPS has the authority to take over or discontinue a private prosecution.
- The Full Code Test is applied to assess if CPS will assume a private prosecution.
- Private prosecutors must disclose evidence to the defense.
- SCD oversees decisions regarding private prosecutions.
Public-interest factors
- Seriousness of the offense
- Detailed disclosure issues
- Complex applications for witness anonymity
- Extradition required
- Impact on other criminal investigations
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.