Charities—crime

Private prosecutions

Section 6(1) of the Prosecution of Offences Act 1995 permits private individuals or organisations to institute and conduct private prosecutions. A private prosecution is one brought by a private individual, company or organisation who is not acting on behalf of the police, Crown Prosecution Service (CPS) or other prosecuting authority and the individual or organisation does not need to get the permission of the police or the CPS before deciding to prosecute.

There are a wide range of offences which may be prosecuted privately by charities such as the RSPCA.

A private prosecution is expensive as the prosecutor would have to fund both the investigation and trial process. The prosecutor is under a duty to pursue reasonable lines of enquiry and to retain and disclose relevant material to the defendant. Even once an investigation has taken place, the right to bring

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