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Private prosecution
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain (or are themselves) barristers.
A private criminal prosecution for contempt of court can be commenced against a party in Australia in the Federal Circuit Court, the family court (that is, the Family Court of Western Australia, as it is the only jurisdiction with a state-based family court) or the supreme court of a state or territory.
In the Family Court of Western Australia, an online form exists to commence such proceedings which can be downloaded, completed and filed.
In the Supreme Court of Western Australia, either an originating summons (Form No.75 as is an ex-parte application) or originating motion (Form No.64) must be filed specifying the alleged contempt, and personally served on the alleged contemptor before a hearing before a judge sitting in chambers unless the court orders otherwise.
If the alleged contempt occurred in relation to any specific case, the forms are required to be filed under the heading of the parties for that specific case; or if it is not alleged to have been committed with reference to a particular proceeding, shall be entitled "The State of Western Australia against" the contemnor (naming him) ex parte the applicant.
In New South Wales private prosecutions are legal but very rare. In 2022, gambling lobby group ClubsNSW brought a private prosecution for contempt of court against comedian and journalist Friendlyjordies and whistleblower Troy Stolz. This prosecution was also subject to an interim suppression order, making it secret temporarily.
Belize is another jurisdiction where private prosecutions can be undertaken. In 2014, the private prosecution of politician Elvin Penner by a grass-roots citizens organization (COLA) over issuance of fraudulent passports was unsuccessful because the defense succeeded in arguing that the private prosecutor did not have the power to subpoena police records on the case. An attorney for COLA indicated that the government did not wish a prosecution of Penner to be undertaken, and acted to block its success.
Canada is a federation, and has both federal and provincial offences that can be privately prosecuted. Federally, there are criminal and statutory offences, and provincially there are provincial and municipal non-criminal offences. Under Canada's constitution, all criminal offences in Canada are under federal jurisdiction, and the Government of Canada can provide funds to the private prosecutors (in lieu of assigning its own Crown attorney) to carry out this work.
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Private prosecution
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain (or are themselves) barristers.
A private criminal prosecution for contempt of court can be commenced against a party in Australia in the Federal Circuit Court, the family court (that is, the Family Court of Western Australia, as it is the only jurisdiction with a state-based family court) or the supreme court of a state or territory.
In the Family Court of Western Australia, an online form exists to commence such proceedings which can be downloaded, completed and filed.
In the Supreme Court of Western Australia, either an originating summons (Form No.75 as is an ex-parte application) or originating motion (Form No.64) must be filed specifying the alleged contempt, and personally served on the alleged contemptor before a hearing before a judge sitting in chambers unless the court orders otherwise.
If the alleged contempt occurred in relation to any specific case, the forms are required to be filed under the heading of the parties for that specific case; or if it is not alleged to have been committed with reference to a particular proceeding, shall be entitled "The State of Western Australia against" the contemnor (naming him) ex parte the applicant.
In New South Wales private prosecutions are legal but very rare. In 2022, gambling lobby group ClubsNSW brought a private prosecution for contempt of court against comedian and journalist Friendlyjordies and whistleblower Troy Stolz. This prosecution was also subject to an interim suppression order, making it secret temporarily.
Belize is another jurisdiction where private prosecutions can be undertaken. In 2014, the private prosecution of politician Elvin Penner by a grass-roots citizens organization (COLA) over issuance of fraudulent passports was unsuccessful because the defense succeeded in arguing that the private prosecutor did not have the power to subpoena police records on the case. An attorney for COLA indicated that the government did not wish a prosecution of Penner to be undertaken, and acted to block its success.
Canada is a federation, and has both federal and provincial offences that can be privately prosecuted. Federally, there are criminal and statutory offences, and provincially there are provincial and municipal non-criminal offences. Under Canada's constitution, all criminal offences in Canada are under federal jurisdiction, and the Government of Canada can provide funds to the private prosecutors (in lieu of assigning its own Crown attorney) to carry out this work.