Private prosecution: Difference between revisions

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==United Kingdom==
In the early history of England, the victim of a crime and his family had the right to hire a private attorney to prosecute criminal charges against the person alleged to have injured the victim.<ref name=Nichols>{{citation|volume=13|publisher=Cap. Def. J.|issue=279|date=2000-2001|title=No One Can Serve Two Masters: Arguments against Private Prosecutors|author=Nichols, Matthew S.|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/hjlpp9&section=38}}</ref> In the 18th century, prosecution of almost all criminal offenses was private, usually by the victim.<ref>{{citation|volume=2|publisher=U. Chi. L. Sch. Roundtable|pages=475|date=1995|title=Making Sense of English Law Enforcement in the Eighteenth Century|author=Friedman, David D.|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ucroun2&section=23}}</ref>
 
In England and Wales, the Crown Prosecution Service (CPS) is the primary prosecuting authority with a discretionary power to take over any private prosecution.<ref>[[Crown Prosecution Service]], Legal guidance page on ''[http://www.cps.gov.uk/legal/p_to_r/private_prosecutions/ private prosecutions]''</ref> The CPS must apply a two part test of sufficiency of [[evidence]] and [[public interest]] before making a decision to take it over for the public good or leave it as a private prosecution.