- Revised Crown Prosecution Service guidance strengthens oversight of private prosecutions through mandatory written reviews, senior approval and Special Crime Division scrutiny.
- Private prosecutors should prioritise disclosure, careful documentation and early engagement with public authorities; defendants gain greater transparency and procedural safeguards.
The Crown Prosecution Service (CPS) has updated its guidance on private prosecutions, introducing a more structured process for considering whether the CPS should intervene in criminal proceedings commenced by a private party rather than the state. The revised guidance, published on 31 July 2026, strengthens governance requirements, introduces additional oversight by the CPS Special Crime Division, and provides further clarity on disclosure, extradition, costs and victims’ rights.
Private prosecutions
The right to bring a private prosecution has long been recognised in the criminal justice system and is preserved by statute, allowing individuals and organisations to seek redress through the criminal courts where they consider that criminal conduct has occurred.
Private prosecutions are commonly used in circumstances where a victim, business, regulator or other
