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ARTICLE · 29 FEBRUARY 2020

Private criminal prosecutions in New South Wales

Section 49(1) of the Criminal Procedure Act 1986 (NSW) gives individuals the power to commence private prosecutions.

AustraliaCriminal Law

Police told 31-year old Dani* (not her real name) that there was a prima facie case against her former partner for threatening violence, which means there was enough evidence for a magistrate to convict him, but decided not to prosecute the man because there was a "a low level of public interest" to do so.

In Dani's case, police conducted a factual review of the alleged offence, but recommended that no charges be laid against the alleged perpetrator.

Instead, they turned the tables on Dani, warning that she could be charged with assault for hitting the man, which she had done before running to safety.

Private criminal prosecution

Determined to bring her partner to account, Dani* instructed her lawyers to commence a private criminal prosecution against her former partner and, earlier this year, the man pleaded guilty to threatening violence. He was sentenced to 130 hours of community service.

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