The Director of Public Prosecutions (the DPP) retains the right under s.6(2) of the Prosecution of Offences Act 1985 to take over a prosecution.

If the CPS receives a request to intervene in a private prosecution, for example from the defence, then it will consider whether the Full Code Test is met. In the event that it is not met, the CPS should take over the prosecution and discontinue it. In the event that the Full Code Test is met, the CPS will consider whether there is any other reason why the private prosecution should be taken over and discontinued, for example:

• it interferes with the investigation of another criminal offence; • it interferes with the prosecution of another criminal charge; • it is vexatious or malicious; • the offence has already been disposed of.

If there is no other reason to discontinue it, then the DPP will consider whether the prosecution should continue as a private prosecution, or whether the DPP should take it over. This decision will be dependent on a number of factors, including: how serious the offence is, the complexity of any disclosure, and any issues of witness anonymity.

There are also some circumstances in which the DPP will take over a prosecution as a matter of public policy.

• • it interferes with the investigation of another criminal offence;
• • it interferes with the prosecution of another criminal charge;
• • it is vexatious or malicious;
• • the offence has already been disposed of.