WHAT IS THE PROCESS OF A PRIVATE PROSECUTION?

You lay the information and a District Judge at the Magistrates Court will consider, either on paper or at a Hearing, whether to let the Prosecution proceed. The Information must describe the offence in ordinary language, state the legislation that creates the offence and contain sufficient particulars of the conduct to ensure the allegation against the Defendant is made out clearly.

Once an Information has been laid, a Magistrate may then issue a Warrant. In doing so, regard must be had to whether an offence known in law is alleged; whether it is in time; whether the Court has jurisdiction and whether the Informant has the necessary authority to prosecute. The Warrant may be issued without giving the parties any opportunity to make representations and without a Hearing.

The Legal Company
3rd Floor
55 Old Broad Street
London
EC2M 1RX
(By Appointment Only)

The Legal Company
3000 Manchester Business Park
Aviator Way
Manchester
M22 5TG