[2025] EWCA Crim 1289

Conclusion:

For the reasons we have given, we make an order pursuant to s17(1) of the POA 1985 that the private prosecutors be paid out of central funds a sum reasonably sufficient to compensate them for the expenses properly incurred by them in (i) resisting the respondents’ application in the Crown Court to stay the prosecution as an abuse of the process; (ii) preparing and conducting the appeal to this court against the judge’s order staying the prosecution; and (iii) responding to the Lord Chancellor’s intervention and preparing and conducting this hearing. However, we make an order pursuant to s17(2A) of the POA 1985 that the reasonably sufficient sum so awarded be reduced so far as may be necessary so that it does not exceed the expenses which would have been incurred if the prosecution had been undertaken by the CPS. We direct pursuant to s17(2C) that the amount to be paid be fixed by means of a determination under Part III of the Costs General Regulations made by the Registrar, or by a determining officer appointed to act on her behalf.