WHAT DOES THE DEFENDANT DO?

When the Defendant becomes aware of the Private Prosecution, he can ask the CPS to intervene. He will then be contacted by the CPS and invited to send to the CPS a copy of any papers served upon them by the Private Prosecutor. The Defendant will also be asked to provide any further information they are willing (not compelled) to disclose which may assist the CPS in their decision-making process. This may be information about their Defence or about any relevant public interest considerations. The Police will also be asked by the CPS to confirm whether there is any material that might undermine the Prosecution or assist the Defence. The Prosecutor is bound to supply information to the CPS whilst the Defendant cannot be compelled to do so.

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