Private Prosecutions

The Government recognises that vexatious private prosecutions are a serious problem. There are established mechanisms for dealing with vexatious applications. In deciding whether to issue a summons for an individual or organisation to bring a private prosecution, magistrates will review whether the application is vexatious and will decline the application if it is. Defendants who wish to challenge the grant of a summons for a private prosecution against them can do so by requesting a judicial review of the decision or applying to the High Court to quash the summons.

Fairness and transparency are the cornerstones of our justice system and there is a clear need to set consistent standards amongst private prosecutors. We think there is scope to do more to ensure such high standards.

That is why the Government launched a consultation into the regulation of private prosecutors which closed earlier this year. We will set out next steps shortly.