Question about law--specifically British law

[Josephus]

So Im watching the English show Broadchurch.

In the first episode of season two, I get the impression that a prosecutor can be selected?

For instance the show begins with the family of a murdered young boy seeking out a specific prosecutor to prosecute his alleged murderer.

I'm pretty sure, though I may be wrong, you can't do that in Canada, which is modelled after the British system. Am I missing something?

[grumbler]

I believe that British law (though perhaps not its Canadian cousin) allows for "private prosecutions" of criminal cases.  Google that and see what you find.

[Josephus]

Wow...apparently you can prosecute privately. Strange I've never heard it happen.

According to wiki:

Each province in Canada deals with private prosecutions of provincial offences in their own way. Below is a list of the various provinces and how private prosecutions are dealt with in them.

Ontario[edit]
In Ontario, the procedure for commencing a private prosecution for a provincial offence is governed by Part III of the Provincial Offences Act, ss. 23(1) of which provides that, "Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence and the justice shall receive the information." The laying of an information as described in Part III of the Act allows anyone to commence a prosecution for a provincial offence, whereas Parts I and II of the Act may only be used by a provincial offences officer.

Of course it doesn't go on to list any other province, since really Canada only has one 

[CountDeMoney]

I privately prosecute people all the time.

[Josephus]

Ok...apparently it's not a strange Brit thing. Funny it always seems to be crown prosecutors in the movies

[Gups]

Private prosecutions are pretty rare. Most famous one was for the murder of Stephen Lawrence.

It's not my field and I don't watch Broadchurch anyway but its full of legal inaccuracies apparently. A barrister friend of mine who specialises in family/criminal works says its unwatchable for him.

[Malthus]

Wow...apparently you can prosecute privately. Strange I've never heard it happen.

According to wiki:

Each province in Canada deals with private prosecutions of provincial offences in their own way. Below is a list of the various provinces and how private prosecutions are dealt with in them.

Ontario[edit]
In Ontario, the procedure for commencing a private prosecution for a provincial offence is governed by Part III of the Provincial Offences Act, ss. 23(1) of which provides that, "Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence and the justice shall receive the information." The laying of an information as described in Part III of the Act allows anyone to commence a prosecution for a provincial offence, whereas Parts I and II of the Act may only be used by a provincial offences officer.

Of course it doesn't go on to list any other province, since really Canada only has one 

You have never heard about it in Canada because its actual occurance is rare. Where you do find them sometimes is in the environmental-regulatory field - for prosecuting regulatory offences when the government has, allegedly, chosen not to. Generally, the AG has the opportunity to intervene and stay the charges if it wants, and often does.

[garbon]

A barrister friend of mine who specialises in family/criminal works says its unwatchable for him.

Lawyers are such a tiresome sort.

[Sheilbh]

In the UK I think the most common private prosecutions are by the RSPCA for animal cruelty.

[Josephus]

You have never heard about it in Canada because its actual occurance is rare. Where you do find them sometimes is in the environmental-regulatory field - for prosecuting regulatory offences when the government has, allegedly, chosen not to. Generally, the AG has the opportunity to intervene and stay the charges if it wants, and often does.

But can I do it? Say, someone kills a family member, and say I can afford it on my weekly newspaper editor wage, can I hire my own prosecutor? Can the AG or Judge or anyone tell me "no"?

[Malthus]

You have never heard about it in Canada because its actual occurance is rare. Where you do find them sometimes is in the environmental-regulatory field - for prosecuting regulatory offences when the government has, allegedly, chosen not to. Generally, the AG has the opportunity to intervene and stay the charges if it wants, and often does.

But can I do it? Say, someone kills a family member, and say I can afford it on my weekly newspaper editor wage, can I hire my own prosecutor? Can the AG or Judge or anyone tell me "no"?

You can. If it is a case of murder (or any other serious offence - in Canada, these are known as "indictable offences") the Crown will take over the prosecution; otherwise, if it is a "summary conviction" offence (that is, a relatively minor crime) you can privately prosecute.

There are two layers of screening to prevent you from going hog-wild and having your next door neighbour arrested: the court screens the case, and so do Crown prosecutors.

Here's the process in Ontario:

Generally, allegations of criminal activity are reported to the police. After the police investigate, they may lay criminal charges. However, anyone who has reasonable grounds to believe that a person has committed an offence may lay an information in writing and under oath before a Justice of the Peace.

When the information is presented to the court by a private citizen, it is then referred to either a provincial court judge or a designated justice of the peace, who holds a special hearing.  The purpose of the hearing is to determine whether a summons or warrant should be issued to compel the person to attend court and answer to the charge.

This hearing, held under s. 507.1 of the Criminal Code, takes place in private, without notice to the accused person.  At the hearing, the judge or justice of the peace must hear and consider all of the allegations and available evidence.

The Crown must also receive a copy of the information,  get notice of the hearing, and have an opportunity to attend.  The Crown may attend at the hearing without being deemed to intervene in the proceedings.

If the judge or justice of the peace decides not to issue a summons or a warrant, then the information is deemed never to have been laid.

If the judge or justice of the peace issues a summons, the person will be served with a copy of the summons, which notifies them of the charge and compels them to attend court.  If the judge or justice of the peace issues a warrant, the person will be arrested and brought before a justice.

To avoid any abuse of the private prosecution process, the Criminal Code and the Crown Attorneys Act authorize Crown Counsel to supervise privately laid charges to ensure that such prosecutions are in the best interest of the administration of justice.  If a summons or warrant is issued and the case involves an indictable offence, the Crown is required to take over the prosecution.  So, a private citizen's right to swear an information is always subject to the Crown's right to intervene and take over the prosecution.

If the Crown intervenes, the Crown will review the matter, as it does in every other criminal case, to determine whether there is a reasonable prospect of conviction and whether a prosecution is in the public interest.  If so, the Crown will proceed with the prosecution.  If not, the Crown is duty-bound to withdraw the charge.

http://www.attorneygeneral.jus.gov.on.ca/english/private_prosecution.asp

[Martinus]

I believe that British law (though perhaps not its Canadian cousin) allows for "private prosecutions" of criminal cases.  Google that and see what you find.

There is no such thing as "British law".

[Barrister]

I privately prosecuted someone while in law school.   

I was lured out of my house by someone claiming car trouble.  I was then jumped by several people and tied up.  They let me go after a couple of minutes.  I reported it to police the next day, but they wouldn't even take a statement since I was living in a frat house, and the people who jumped me were in another fraternity.  People in my fraternity wanted to do something equally stupid in return, but I said "no, let me handle this my way" and filed a private prosecution.

That being said however, in my humble opinion that's the only proper private prosecution I've ever seen.  I have dealt with a number, but what invariably happens is someone reports a matter to police, the police investigate and decide there's no basis to lay charges, and then that person in turn files a private prosecution.

[CountDeMoney]

I privately prosecuted someone while in law school.   

I was lured out of my house by someone claiming car trouble.  I was then jumped by several people and tied up.  They let me go after a couple of minutes.  I reported it to police the next day, but they wouldn't even take a statement since I was living in a frat house, and the people who jumped me were in another fraternity.  People in my fraternity wanted to do something equally stupid in return, but I said "no, let me handle this my way" and filed a private prosecution.

Sounds like the plot to one of garbon's porn tapes.  At least that's what I read on the back of the box. Canuck Frat Fucks, Vol VII: Private Prosecution

[mongers]

I privately prosecuted someone while in law school.   

I was lured out of my house by someone claiming car trouble.  I was then jumped by several people and tied up.  They let me go after a couple of minutes.  I reported it to police the next day, but they wouldn't even take a statement since I was living in a frat house, and the people who jumped me were in another fraternity.  People in my fraternity wanted to do something equally stupid in return, but I said "no, let me handle this my way" and filed a private prosecution.

That being said however, in my humble opinion that's the only proper private prosecution I've ever seen.  I have dealt with a number, but what invariably happens is someone reports a matter to police, the police investigate and decide there's no basis to lay charges, and then that person in turn files a private prosecution.

You lost, didn't you.