Clive Alexander Solly, R (on the application of) v Crown Prosecution Service
[2023] EWHC 1542 (Admin)
Ben Whitehead v Westminster Magistrates' Court
13 November 2024
[2024] EWHC 2868 (Admin)
High Court
Someone tried to privately prosecute a police officer for actions during a traffic stop. A judge said there wasn't enough evidence of wrongdoing by the officer. A higher court agreed, explaining that while citizens can prosecute, they need good evidence to show a crime actually happened.
Key Facts
- •Ben Whitehead (Claimant) sought to privately prosecute Police Sergeant Robbie Jephcott (Interested Party) for alleged offences during a traffic stop involving Karl Carpenter.
- •The alleged offences included false imprisonment, common assault, and offences under the Public Order Act 1986.
- •Whitehead's application to Westminster Magistrates' Court for a summons was refused by DJ(MC) Ikram.
- •Whitehead challenged the refusal via judicial review, arguing insufficient evidence analysis and improper motive.
- •The judge found no prima facie evidence of unlawful conduct by the officer.
Legal Principles
The Magistrate must ascertain whether the allegation is an offence known to law; the essential ingredients are prima facie present; the offence is not time-barred; the court has jurisdiction; and the informant has the necessary authority to prosecute. If so, generally, the magistrate ought to issue the summons unless there are compelling reasons not to.
R (on the application of Kay and Anor) v Leeds Magistrates’ Court [2018] EWHC 1233 (Admin)
The 'prima facie' test requires more than mere arguability; it demands sufficient evidential basis for each offence element.
R (on the application of Boris Johnson) v City of Westminster Magistrates’ Court [2019] EWHC 170 (Admin)
A private prosecution is a valuable safeguard but can be damaging to the public interest if used improperly. The court may consider whether there's a realistic prospect of conviction, even for private prosecutions.
Jones v Whalley [2006] UKHL 41, R (on the application of Gujra) v CPS [2012] UKSC 52
In assessing a summons application, a judge should consider whether the potential defendant's actions were unlawful, considering any relevant police powers.
Sections 3 of the Criminal Law Act 1967, section 117 of the Police and Criminal Evidence Act 1984, section 24 of PACE
Outcomes
The claim for judicial review was dismissed.
The judge correctly applied the law and found insufficient prima facie evidence of unlawful conduct by the police officer. The court found the judge's reasoning sufficient, even if brief.
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