Code for Private Prosecutors
This Code for Private Prosecutors (“the Code”) is issued by the Private Prosecutors’ Association (“the PPA”). This is the first edition of the Code.
The Code gives guidance to private prosecutors, and to those who advise, assist or act on their behalf, on the general principles to be applied when making decisions about private prosecutions. The Code is issued primarily for private prosecutors and their advisors but may also be of assistance to other participants in the process
Private prosecutors must ensure that the law is properly applied; that relevant evidence is put before the Court; and that obligations of disclosure are complied with. Although each case must be considered on its own facts and on its own merits, this Code identifies the general principles that apply in every case.
In this Code, the term ‘private prosecutor’ is used to describe the person, organisation or body which brings the private prosecution.
The term ‘private prosecution’ is used to describe prosecutions instituted and conducted other than by the state.
The term ‘the prosecution’ is used to describe the private prosecutor and those who either assist the prosecutor or who act on their behalf.
This Code uses the terms ‘must’ and ‘should’ in the following ways:
- ‘must’ is used for an overriding duty or principle;
- ‘should’ is used to explain how an overriding duty or principle is met and/or to identify
good or best practice.