Prosecution Applications

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 Pursuing Justice When Charges Haven’t Been Laid 

 In situations where the police decline to lay charges, individuals still have the right to seek justice through a prosecution application. This legal process allows a private individual to ask a Justice of the Peace to initiate criminal charges when there is evidence that a crime has been committed. 

 What Is a Prosecution Application?

A prosecution application (also known as a private information) is a formal request to the court, asking that criminal charges be laid against someone. This is typically done when:

• You believe a criminal offence occurred, 
• The police have investigated but declined to press charges, or 
• You wish to take independent legal action.
   

The process begins by presenting your evidence to a Justice of the Peace, who will determine if there are reasonable grounds to proceed with a charge.

You may consider filing a prosecution application in cases involving:

• Assault or threats, Criminal harassment (stalking), Mischief or property damage, Fraud or theft, Domestic violence (when police decline charges)
   

Not all cases will be accepted—there must be credible evidence that a criminal offence took place.

Filing a prosecution application is a complex legal process that requires a clear understanding of criminal law and court procedures. 

 Contact us today to discuss whether a prosecution application is the right step for your situation. Justice doesn’t always start with police action—sometimes, it begins with you.