Criminal litigation

Historically there has never been a requirement that a private prosecutor has to show a public interest where the prosecution is brought under a public general act. Section 6(1) of the Prosecution of Offences Act 1985 neither qualifies nor extends existing rights.

Public interest in a private prosecution is established by the nature of the offence as defined in statute, not by the circumstances leading up to it. R (Gladstone Plc) v Manchester City Magistrates’ Court [2004] EWHC 2806 (Admin), [2005] 2 All ER 56 should not be taken as an invitation to magistrates to examine the circumstances of alleged offences and their relation to the private prosecutor.