Smouldering Stoat wrote:A court may grant you a witness summons to obtain relevant evidence (and also to enable you to comply with your obligations to disclose evidence to the defence, including unused material). However, if you don't already have evidence sufficient to convince the CPS that there is a realistic prospect of prosecution, you are going to struggle to convince them not to take over the prosecution and and discontinue it.
A private prosecutor is not obliged to convince the CPS of anything, as the full code test does not apply to private prosecutions. Nor do CPS take over and discontinue PPs simply on the grounds that there is not a realistic prospect of a conviction (assuming that's what you meant, rather than 'prosecution'). There are plenty of prosecutions that have gone ahead that the CPS have declined to take over, simply because they believe both parties are suitably represented and evenly matched, that had little chance of success.