Criminal Prosecution

How do I initiate a private criminal prosecution without a solicitor or the police?

"Canadian Criminal Law, Review" vols...

 

Private prosecution 

From Wikipedia

A private prosecution is a criminal proceeding initiated by an individual or private organization (such as a prosecution association) instead of by a public prosecutor who represents the state. Private prosecutions are allowed under common law, but have become rare in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals.

You go to your local Magistrates’ Court before the main business of the day begins. Usually this would be between 9.30 and 10.00 in the morning and you simply tell the people on duty in the general office that you wish to lay a complaint in the Applications Court and explain the facts on which you want to commence proceedings. They will provide the relevant paperwork for you and you simply take this into the court, answer any further questions which may be put to you by the magistrate and legal adviser on duty, and have the summons signed by the magistrate. After this the court takes over and will serve the summons for you ordering the defendant to appear in court to answer the charge.The CPS don’t like people to conduct their own prosecutions and normally take over conduct of the case and, all too frequently, discontinue it. However, it’s worth a try.

I feel that I should point out that all criminal cases start in the Magistrates’ Court, so wherever your case is heard, this is the starting point for you.

Criminal courts

The criminal courts are run by the crown and the civil courts are where you can take someone to court yourself but it depends on what you want to take them to court for you can not have a criminal case through the civil court.

Government

By definition, it’s the government that criminally prosecutes

Complaint form

Do not fill in a complaint form at the magistrates Court Office WITHOUT PROPER LEGAL ADVICE

The CPS website says you can
http://www.cps.gov.uk/legal/p_to_r/private_prosecutions/#application

If it goes to crown court you have to engage legal counsel

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5 Responses to Criminal Prosecution

  1. Pingback: Private (Criminal) Prosecution as a LIP | Bringing Home Baby…

  2. Pingback: New Domestic Abuse Protocol To Improve Cases In Northamptonshire | Parents Rights Blog

  3. Pingback: CRIMES AND CRIMINAL PROCEDURE | Parents Rights Blog

  4. towardchange says:

    NOTE: The information does vary from time to time and country to country. I also found this out.
    The whole point of the article is for people to do just what you have done, by doing one will find out the correct pathway, as I did when I did call the Court requesting further information. This year I have found out that there are more variations, again by me speaking to the Court.

    The whole point is this, that people realize that there is a remedy .

  5. Yes my brother is locked up for 50 years for a crime they cannot prove!!!! 50 years…We the family are trying to fight it right now..

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