Programmer Faces Terror Charge:

Pete Chown 1 at 234.cx
Tue, 24 Sep 2002 21:27:14 +0100


David Hansen wrote:

> > ... consent of the Director of Public Prosecutions is required ...

> Feel free to correct me, but is that the case in England with all 
> criminal cases?

No.  Some offences require the consent of the DPP, and some the 
Attorney-General.  Most don't require anyone's specific consent, so the 
CPS can launch proceedings on its own.  Alternatively you can go into a 
Magistrates' Court and do it yourself.

Usually the offences which require the DPP or A-G's consent are ones 
which are political in nature.  For example, it is an offence to incite 
racial hatred, but a prosecution requires the A-G's consent.  I suspect 
there are two reasons for this.  Firstly, the offence involves a complex 
balancing act between freedom of speech and freedom from discrimination. 
  Secondly, a prosecution may be undesirable as it could give the racist 
more of the "oxygen of publicity".

Both of these issues could cause a problem if a private prosecution 
could be started at a Magistrates' Court.

-- 
Pete