Private prosecution

private prosecutorprivateprivate-prosecutedprivately prosecuting
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.wikipedia
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Prosecution association

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. Bruce L. Benson's To Serve and Protect lauds the role of private prosecutors, often employed by prosecution associations, in serving the needs of crime victims in England.
A prosecution association was an organization of citizens, typically in the same community, who paid dues to cover one another's costs of privately prosecuting offenders should a crime be committed against them.

Crown Prosecution Service

CPSCrown ProsecutorCrown Prosecutors
It reported in 1981, recommending that a single unified Crown Prosecution Service with responsibility for all public prosecutions in England and Wales be set up.
Historically in England, with no police forces and no prosecution service, the only route to prosecution was through private prosecutions brought by victims at their own expense or lawyers acting on their behalf.

Indictment

indictedindictindictments
Prior to its termination in 1933, criminal prosecution required a true bill of indictment from the grand jury, and so frivolous and vexatious proceedings were designed to be avoided at this stage (although this did not turn out to be the case in practice).
In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service) on behalf of the Crown, which is the nominal plaintiff in all public prosecutions under English law.

To Serve and Protect (book)

To Serve and ProtectTo Serve and Protect'' (book)To Serve and Protect: Privatization and Community in Criminal Justice
Bruce L. Benson's To Serve and Protect lauds the role of private prosecutors, often employed by prosecution associations, in serving the needs of crime victims in England.
To Serve and Protect: Privatization and Community in Criminal Justice is a 1998 book by Bruce L. Benson about private policing, private prosecution, and other market-based methods of providing criminal justice.

High Court of Justiciary

High CourtLord of JusticiaryCourt of Justiciary
Leave to prosecute must be obtained by granting of a bill of criminal letters by the High Court of Justiciary.
A private prosecution can be brought before the High Court, but this is very rare and difficult as it requires the concurrence of the Lord Advocate and for the High Court to issue a bill for criminal letters.

Linda R. S. v. Richard D.

Linda R.S. v. Richard D.
The right to private prosecution in federal cases was removed following the 1981 Supreme Court decision in Leeke v. Timmerman, affirming an earlier decision in Linda R. S. v. Richard D..
In December 1981, under Leeke v. Timmerman, the Supreme Court affirmed the precedent in Linda R. S. v. Richard D., removing the right to private prosecution in federal court.

Women Against Rape

In 1995, WAR, with Legal Action for Women and the English Collective of Prostitutes, assisted two women to bring the first private prosecution for rape in England and Wales after the Crown Prosecution Service (CPS) refused to bring charges.

Whitehouse v Lemon

Whitehouse v. LemonDenis Lemon1977
In early November 1976, Mary Whitehouse obtained a copy of the poem and announced her intention to bring a private prosecution against the magazine.

Murder of Stephen Lawrence

Stephen LawrenceMacpherson ReportStephen Lawrence Inquiry
In April 1994, Lawrence's family initiated a private prosecution against the initial two suspects and three others: Jamie Acourt, Gary Dobson and David Norris.

Oscar Wilde

WildeWildeanSebastian Melmoth
Wilde, encouraged by Douglas and against the advice of his friends, initiated a private prosecution against Queensberry for libel, since the note amounted to a public accusation that Wilde had committed the crime of sodomy.

Criminal law

criminalcriminal casepenal law
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.

Prosecutor

prosecutionprosecuting attorneypublic prosecutor
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.

State (polity)

statestatesthe state
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.

Common law

common-lawcourts of common lawcommon
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.

Elvin Penner

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.

Winnipeg general strike

Winnipeg General Strike of 1919General StrikeBloody Saturday
The seditious conspirators in the Winnipeg General Strike of 1919 were tried by state-funded private prosecutors.

Allen Linden

Allen M. LindenLinden JA
A committee chaired by Mr. Justice Allen Linden of the Law Reform Commission of Canada produced a Working Paper on Private Prosecutions in 1986.

Law Commission of Canada

Law Reform Commission of CanadaLaw Reform Commission
A committee chaired by Mr. Justice Allen Linden of the Law Reform Commission of Canada produced a Working Paper on Private Prosecutions in 1986.

University of British Columbia

UBCBritish ColumbiaThe University of British Columbia
UBC Law Professor (and later Dean) Peter T. Burns wrote a paper in 1975 for the McGill Law Journal entitled "Private Prosecutions in Canada: The Law and a Proposal for Change"; he was later the Principal Consultant for the Law Reform Commission.

Cour d'assises

Court of AssizesAssize CourtAssizes court
The court sits with either one or three judges, without jury (a jury is present only for felonies, see cour d'assises).

Examining magistrate

investigating magistrateinvestigative magistratejuge d'instruction
For felonies or when the plaintiff has insufficient evidence, he may refer to an investigating judge (juge d'instruction) who will investigate the case, and refer it to the trial court (in which he does not sit) if he discovers sufficient evidence of guilt.

Non-suit

nonsuitnonsuitedcompulsory nonsuit
The investigating judge is independent from the public prosecutor's office, and may refer the case to the trial court even if the public prosecutor requested non-suit.

Private attorney general

private attorneys generalgeneral power of attorney
Indeed, French law allows some associations to instigate private prosecutions (similar to American private attorney generals), but only for some few offences such as racist speech.

White-collar crime

white collar crimewhite-collarwhite collar
In 2013, this possibility has been added for some white-collar crimes.