R (Charlson) v Guildford Magistrates’ Court [2006] EWHC 2318 (Admin), [2006] All ER (D) 41 (Sep)
When magistrates are considering whether to issue a summons for a private prosecution where the Crown Prosecution Service (CPS) has already brought and discontinued a prosecution arising out of the same events, they should not require special circumstances before agreeing to the issue of the summons. They should consider:
(i) whether the allegation is an offence known to the law and, if so, whether the ingredients of the offence are prima facie present;
(ii) whether the issue of the summons is time-barred;
(iii) whether the court has jurisdiction;
(iv) whether the informant has the necessary
authority to prosecute; and
(v) any other relevant facts.
Where magistrates are considering whether to issue a summons for a private prosecution where the CPS has already brought a prosecution which is still proceeding, they should, in the absence of special circumstances, be slow to issue a summons at the behest of a private prosecutor in respect of the same matter.
