Private prosecution - URGENT help needed

[Kenny2020]

Hi

I was victim in an incident that was reported to the police. During the course of investigation, I refused to give my date of birth to the police as it is my private personal information that I do not give to anybody. The police said they needed it in order to do a check on me as part of their process and also consulted with the cps, which agreed. There was concrete evidence against the perpetrator, but the police/cps made a decision of no further action simply due to me refusing to provide my dob.

I have since brought a private prosecution and the court has informed cps as part of procedure apparently. CPS is now interfering with a view to taking over the prosecution, but is again stating that my dob is required as part of the evidential test.

I am aware that cps can discontinue a prosecution without leave of the court and am concerned that this is what it is going to do simply because I will not provide my dob.

Is there any way that I can prevent cps from taking over the prosecution? Alternatively, is there some legislation, guidance or case law that I can quote to cps to support the fact that my dob and a check on me is not required as I am not the perpetrator, I am the victim?

Thanks in advance for any assistance with this!

[des8]

I don't think I can help, except to say that AFAIK the only time the police can demand your date of birth is under**section 164 and 165 of the Road Traffic Act 1988.*

The CPS can take over a private prosecution for any number of reasons, but they should write to you giving the reasons

I suppose you have read the CPS guidance on private prosecutions*https://www.cps.gov.uk/legal-guidanc...he%20decision.

[Manxman]

Do you have an identification document that can unequivocally identify you but which doesn't contain or isn't linked to your DoB?* I suppose that on purely practical terms it might be difficult to be a witness in your case if you can't establish who you are* And that might be difficult without revealing a doB don't you think?

There's a world of difference between the police demanding your DoB in relation to a traffic offence and them asking for your doB so they can initiate a prosecution on your behalf.

(Do you really give your doB to nobody?* You don't drive, don't have a passport, don't work or have a NI number, never paid national insurance, not on a GP's list?* Amazing.* Any particular reason for that?)

[Guest]

Everybody to there own, the CPS is authority so I cannot see where the problem is advising over your DOB, my guess would be there thinking you have something to hide. Only my thoughts.

[Aged William]

The police have asked for your DoB to confirm your identity, as they do for every witness in every investigation.* The main reasons for doing so are:

1.* To make sure a witness is actually who they say they are.* Although there are procedures to protect thier identity from being put in to the public domain in certain circumstances, a witness cannot be anonymous to the court; even in a privately brought prosecution.

2.* Police are under a duty to carry out reasonable lines of enquiry, which includes an antecedent check on all witnesses to see if they have a history of dishonesty (eg perjury, perverting the course of justice, theft, fraud etc) which *may* effect thier credibility as a witness of truth.* Anything relevant should be disclosed to the defence by the CPS (not the police) if it tends to undermine the prosection's case or assists the case for the defence.

NB If one does not follow the rules then one has to suffer the consequences.

*