Dealing with dirty child protection workers who lie and mislead the court
- Category: NSW DHS - FACS
- Created: Monday, 04 April 2011 10:46
- Written by Alecomm
Commencement of private prosecutions
A private individual may also initiate criminal proceedings by way of CAN. The major difference with a private prosecution is that a CAN may only issued by a Registrar. The Registrar issues a CAN by signing the notice. A Registrar will have a discretion not to issue a CAN if the Registrar is satisfied that:
(a) the notice does not disclose grounds for the proceedings, or
(b) the notice is not in the form required by or under this Act
If a Registrar refuses to sign a CAN the person wishing to commence an action may apply to the Magistrate to review the Registrar’s decision.
If a Registrar issues the CAN the Registrar will allocate a court listing date and may grant leave to immediately file the CAN. The person initiating the prosecution may then arrange for service of the CAN prior to the date of listing.
(Source : http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_topic1)
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