#QUITVOLUNTEERING Private Prosecution... A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Under section 6(1) of the Prosecution of Offences Act 1985 (POA), private prosecutions can be brought by any individual or company. The "Crown Prosecution Service (CPS)" may learn of a private prosecution via a defendant, the prosecutor or the court. A request to intervene can be made at any stage by any of these parties. Therefore the only significant difference is that, whereas in a public prosecution, a public prosecutor employed by the NPA presents the case against the accused, in a private prosecution, it is the victim him or herself, invariably represented by legal representatives, who presents the case against the accused. Crimes are actually classified as civil proceedings under "Apprehended Violence Order"... [apprehension = fear - that's ALL it takes!!!] AVO's are of two categories; 1. AVOs applied for by police on behalf of ‘persons in need of protection’ (or ‘PINOPS’). These are called ‘police AVOs’; 2. AVOs applied for by individuals. These are called ‘private AVOs’. The person applying for the AVO is called the ‘applicant’. The person against whom an AVO is sought is called the ‘defendant’. __________________________________ Composing information for all cases should always include basics of the following; (i) The defendant’s name, address and date of birth (or approximate age), (ii) The name of anyone else you want to add eg the defendant’s brother, (iii) Your relationship with the defendant eg ex partner, neighbour, colleague etc, (iv) An outline of the incident or incidents giving rise to your fear eg a recent fight, threats etc, (v) Any material showing that the incident/s are real eg police or medical reports, photos of injuries or damage etc, (vi) The orders you would like: *In Child custody situations; (i) The length of your relationship with the defendant, or length of time kidnapped by Child Protective Services, Police [if one is jailed], or any relative information of persons of events, (ii) The names and dates of birth of any children, (iii) Whether there have been any threats against the children, and (iv) Details of any Family Court proceedings including any current orders. _________________________________ Whoever serves the AVO must fill out a ‘statement of service’ and send it back to the Court. This proves that the defendant got the AVO. If the defendant cannot be served, an application can be made to the court to notify the defendant in another way. This is called ‘substituted service’ [This is what they use on us without even trying the true process of service thus they fail in Notice to begin with - improper service - not subject to service]... One will then need to schedule an appointment to hold your court [a]t the local court-house [That's what it's for!!!]. In scheduling presentment of AVO will need to be provided for records of appointment purposes only and NOT to be diseminated elstwise... What happens next is dependent on whether the defendent shows up... if they do - expect either a set of admissions your-self OR another babbler!!! Simple!!!

Posted by El Hotepsekhemwy Pero at 2020-11-25 06:27:22 UTC