English Criminal Law - When is it permissible to file a private case?
Generally, anyone can file a lawsuit as in Section 6 of the Prosecution of Offences Act 1985. The biggest obstacle is the lack of legal aid. Traders will occasionally bring stealing cases, and vigilantes and pressure group members will occasionally bring child abuse and obscenity cases. Even murder and other major crimes against people or property can be prosecuted by private individuals, and they sporadically do so when they can afford the costs. On rare occasions, the approval of a central officer like the D.P.P. or Attorney-General is needed. In some circumstances, it will be appropriate for the Crown Prosecution Service to take over the prosecution and decide whether to continue or end it. The Crown Prosecution Service will typically take over the prosecution if the offence is significant and there is a strong case based on the case of R. v. Tower Bridge Metropolitan Stipendiary Magistrate, Ex p. Chaudhry [1994] Q.B. 340; R. (on the application of Charlson) v. Guildford Magistrates Court [2007] 3 All E.R. 163. If the private prosecution interferes with the investigation of another crime or if it is vexatious as defined by section 42 of the Senior Courts Act 1981, as amended by section 24 of the Prosecution of Offenses Act 1985, it may also take it over to stop it. It will also step in if a deal has been done whereby the defendant has been granted immunity from prosecution: Jones v. Whalley [2007] 1 A.C. 63; Turner v. D.P.P. (1979) 68 Cr. App. R. 70; Raymond v. Attorney-General [1982] Q.B. 839.
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