Anyone with Aus criminal law experience?
#1
Anyone with Aus criminal law experience?
Just wondering if anyone knows whether it's possible here in WA for a private citizen to bypass police to have someone charged with a crime? In Ontario (where I'm from), if police don't want to lay a charge a citizen can go directly to the Crown Attorney to have the Crown prosecute directly.
I've looked all over the 'net and can't find anything so thought you good people might be able to help.
I've looked all over the 'net and can't find anything so thought you good people might be able to help.
#2
Re: Anyone with Aus criminal law experience?
Depends what for and will vary from state to state. For example as a Justice of the Peace in Queensland private people can come to me and make a complaint under the Peace and Good Behaviour act if they are threatened or fear threats of violence against them or property.
A general complaint and summons to Court can be issued by me also if a private individual requests and there are grounds and the legislation is provided that seems to warrant it. This is the "catch all" sort of summons.
I can also issue a summons under the Domestic Violence and Family Protection Act.
So in answer to your question, I have no real idea for WA, but in Queensland yes you can approach a JP as a private person for a Summons (amongst other things).
You may want to check with a local JP to see if they can assist. The powers of a JP vary widely from state to state, but that would be my first port of call.
A general complaint and summons to Court can be issued by me also if a private individual requests and there are grounds and the legislation is provided that seems to warrant it. This is the "catch all" sort of summons.
I can also issue a summons under the Domestic Violence and Family Protection Act.
So in answer to your question, I have no real idea for WA, but in Queensland yes you can approach a JP as a private person for a Summons (amongst other things).
You may want to check with a local JP to see if they can assist. The powers of a JP vary widely from state to state, but that would be my first port of call.
#3
Re: Anyone with Aus criminal law experience?
Just wondering if anyone knows whether it's possible here in WA for a private citizen to bypass police to have someone charged with a crime? In Ontario (where I'm from), if police don't want to lay a charge a citizen can go directly to the Crown Attorney to have the Crown prosecute directly.
I've looked all over the 'net and can't find anything so thought you good people might be able to help.
I've looked all over the 'net and can't find anything so thought you good people might be able to help.
http://www.smokeball.com.au/ProductI...P/9047/8993101
Now light hearted:
If you have a job
And no one else can help
You need to call
THE A TEAM
#4
Re: Anyone with Aus criminal law experience?
Seriously this might have some interest/background info
http://www.smokeball.com.au/ProductI...P/9047/8993101
Now light hearted:
If you have a job
And no one else can help
You need to call
THE A TEAM
http://www.smokeball.com.au/ProductI...P/9047/8993101
Now light hearted:
If you have a job
And no one else can help
You need to call
THE A TEAM
Seriously, thanks for the link GG. Karma on its way.