Private prosecution

A private prosecution is a criminal proceeding initiated by an individual 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 (and the Family Court of Western Australia - 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 on-line form exists to commence such proceedings which can be downloaded, completed and filed.

In the Supreme Court of Western Australia 0 55, R 4 (Order 55, Rule 4 of The Rules of the Supreme Court (WA) 1971), 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 previous to a hearing before a judge sitting in chambers unless the court orders otherwise: O 55, R 2.

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: O 55, R 5.

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 succeed 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 didn't want prosecution of Penner undertaken, and acted to block its success. The ruling is being appealed.

Canada is a federation and therefore has both federal and provincial offences which can be privately prosecuted. Federally, there are Criminal and statutory offences, and provincially there are provincial and municipal.

The seditious conspirators in the Winnipeg General Strike of 1919 were tried by state-funded private prosecutors. The funds were disbursed from the War Appropriation Act and are evidenced in the Auditor-General's reports of 1921 and 1922.

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