5. Learn about what happens next
Question & Answer
What is a private prosecution and how do I apply for one?After you send your Private Prosecution Application to the , a (JP) will review your application. A JP is like a judge but a JP is only allowed to make decisions on certain court matters, including applications. Sometimes you need to meet with the JP to review your application. Other times, the JP will review your application without meeting with you.
If you meet with the JP, bring photo ID with your signature so they can verify your identity. You should also bring any documents or you have, like a witness list, photographs, or hospital records.
When a JP reviews your application, they look for certain problems. For example, whether your application is:
- frivolous, which means it isn't serious or your complaint isn't about a real crime
- vexatious, which means the reason you are applying is to harass or annoy someone
- an abuse of process, which means that the crime has already been properly dealt with by police or the and your private prosecution isn't necessary
A JP might deny your application if:
- the police already investigated the incident and the JP agrees with their decision not to lay charges
- the person you believe committed the crime was already charged for this crime
- you applied for a private prosecution for this crime before but it was denied, and you don't have any new evidence
- the JP doesn't think there are to believe a crime was committed
If your application is denied
If the JP finds that there are problems with your application, or that your application doesn't meet other requirements for private prosecutions, the JP will deny your application. For example, you might not meet the requirements if you don't give enough information to identify the person you're accusing.
If the JP denies your application, you won't be able to the person you believe committed a crime. You should talk to a lawyer to see if you have other options.
If your application is granted
If your application meets the requirements for private prosecutions, and there's no other reason not to prosecute, the JP will grant your application. Then, you will be asked to swear an Information before a JP. You must also attend a called a pre-enquête. You are allowed to have a lawyer or paralegal represent you at the hearing.
At the hearing, you will and tell the court why you believe that the person committed a crime. The accused will not be at the hearing. You must present your evidence, including any witnesses, videos, documents, or other evidence to the court.
The prosecutor is usually at the hearing. They are allowed to question you about your evidence and to question your witnesses. They can also bring their own witnesses and evidence.
The purpose of the hearing is for the JP to decide if there's enough evidence to the accused person. If there is enough evidence, the JP will issue a or that tells the accused that they must come to court and answer the charges against them. The accused might , there might be a , or the issue might be resolved in another way, for example, through a .
You must give the accused copies of the evidence that was used at the pre-enquête hearing as soon as possible. And you must give them copies of any other evidence you plan to use against them at the trial. You can talk to the prosecutor who was at your hearing about how to do this.
Even if the JP grants your application, the prosecutor can decide to stop the legal proceedings against the accused. The prosecutor might do this if they believe you are abusing the court process or if your case doesn't have a reasonable chance of success. If the prosecutor stops the proceeding, you can't prosecute the accused. The prosecutor can also take over the prosecution from you. They must do this for cases involving intimate partner violence, youth, and indictable offences.
For more information on the steps in the private prosecution process, see:
- Ontario Court of Justice Guide for Applying for a Private Prosecution
- Ontario government website on private prosecutions
- The Private Prosecution Directive in the Crown Prosecution Manual