[2025] EWCA Crim 1289

The request for the CPS to take over, and discontinue, the prosecution:

In 2022, one of the respondents made a request to the CPS to take over the prosecution and discontinue it. The private prosecutors were requested to, and did, provide the CPS with all the served evidence and unused material. More than a year after the request was made, a senior CPS specialist prosecutor (“the senior prosecutor”) replied. The request was refused. The senior prosecutor expressed the view that both the evidential sufficiency stage and the public interest stage of the Full Code test were met in relation to each of the respondents, and that there were no factors making it in the interests of justice for the CPS to take over the case and close it down. He further stated that there was no need for the CPS to take over the case and continue it: he was satisfied that it was a serious case which had been properly investigated and was being properly prosecuted by the private prosecutors, who were assisted by experienced and very capable solicitors and counsel.