[2025] EWCA Crim 1289

The commencement of the prosecution:

In 2021, the private prosecutors, acting through the solicitors, applied for and were granted summonses against four of the respondents. A summons was later issued against a fifth respondent, who was then joined to the indictment as a further defendant. All the respondents deny the allegations against them.

About six weeks after the hearing in a magistrates’ court at which the summonses were issued, the solicitors wrote for the first time to the Crown Prosecution Service (“CPS”). They said that the District Judge (Magistrates’ Courts) who issued the summonses had asked them to inform the CPS, in case the Director of Public Prosecutions wished to exercise his power under s6(2) of the POA 1985 to take over the proceedings. The solicitors said that the District Judge had not expressed any concern about the continued private prosecution, but thought it right that the CPS “were at least aware due to the international element of the alleged offending”. The solicitors then said:

“The Private Prosecutors are not asking for the case to be taken over but are providing notice to you of these proceedings as directed by the Court.”

Enclosed with the letter were a copy of a draft prosecution case summary and a copy of the proposed draft indictment which had been filed with the court. The solicitors informed the CPS of the date of the next hearing in the magistrates’ court, at which it was anticipated that the case would be transferred to the Crown Court. They added that they had obtained restraint orders against three of the respondents and that steps were to be taken to restrain assets in another country. The solicitors’ letter concluded with an expression of willingness to provide any further information the CPS might require.

The CPS did not reply to that letter. The private prosecution of the respondents continued.