Prosecution of offences act

[notnutnut]

How would i go about initiating a prosecution of the above mentioned act in magistrates court please ?

[Barmaid]

The POA is really there to establish the CPS etc. What is it you are trying to achieve?

[Buenchico]

For Barmaid:
http://www.theanswerbank.co.uk/Law/Criminal/Question1176146.html

[Barmaid]

Thanks Chris - strangely I cba to look for previous posts.

Notnut, you might be better taking civil action for damages.

[Barmaid]

(Sorry, I'm not in a good mood, I've only just sat down having spent all evening cooking and screwing something up - I will try and give you a more constructive answer tomorrow).

[notnutnut]

It was suggested to me as a course of action now their offences are admitted in civil court and that the declined invite for plod to prosecute maybe taken up by CPS ? Cheers Barmaid !

[shoota]

Tell us what has happened and we may be able to offer a valid suggestion that applies to your set of facts.

[notnutnut]

Thanks shoota,your avatar caused me a momentary regression to the 80's .... but I digress,if I could send a sample audio or video as a compressed email file I would,but beyond me.Maybe my daughter can later,Saturday, cheers.

[factor-fiction]

Based on what I remember of all your threads to seem to be trying to deal with quite a range of complex legal issues in the courts. It has the makings of a great John Grisham story.
Are you now funding all this yourself?
Rather than all the piecemeal threads on here (eg the one asking when a particular judge retired) I'm wondering whether it may be worth doing a quick summary here for Barmaid of what you are you trying to achieve

[tonywiltshire]

In an earlier post you reported that known individuals had damaged your property and you had submitted evidence of criminal damage, contrary to the 1971 act, to the police who through the Crown Prosecutions Service whose head is The Director of Public Prosecutions, declined to take action. There will be a reason for this and I strongly urge you to establish the reason, the requirement that the accused must destroy or damage property which belongs to another may not be as simple as it appears.
Most criminal proceedings are conducted by the Crown but there is nothing to prevent a private individual instituting and conducting criminal proceedings but proceed with great caution having taken professional advice.

[notnutnut]

Thanks to all for your inputs on this,I've only learnt how to use a computer since '09 and it is all done with one finger.This is very complex and has a mix of both civil and criminal events plus corruption.(who is John Grisham by the way ?) To all who ask for more detail I have no problem but prior to could anyone tell me if this could in any way prejudice court proceedings in this matter,evidence admissibly etc ?

[tonywiltshire]

Try to establish if the police have obtained an opinion from the CPS, they invariably do before deciding whether to charge anyone and I would want to know why the CPS have opined that no action be taken, when you appear to be offering considerable evidence. I would say in defence of the police and CPS that whilst sometimes appearing to dither they are not usually slow or reluctant to charge an individual or individuals when they have the evidence which will provide success, do you know why this is not the position in your case? Take some legal advice from a local solicitor to ensure you are following the correct route particularly if you have the choice of civil or criminal action.
To answer your query over John Grisham, he is a living American author whom I believe is also a lawyer.

[notnutnut]

Tonywiltshire,thank you for your increasingly more pertinent comments on this particular issue which is linked,as you my have noticed to the case in civil law I post about.The police never put the case to the CPS despite me sending video record of the event,as far as them dithering with charging anyone I could point out that in 2007,the people supporting the claimant in this civil case alleged that I drove a JCB toward the with a samurai sword in each hand and then threatened to kill four of them.I pointed out to police on arrest that there was video of this non event (proven) and that in reality four people chased me,one with wood saw (proven).It made no difference so HMP,96 days later I notice that 3 of the 4 alleged victims never said I threatened to kill them,104 days in all,I'm not happy with the CPS or the police and I assure you this continues on into this case where I'm fitted for arson and assault,same 'witnesses' again found not guilty (I'm in the way of their property development you see) I'm happy to send any one curious copy of all evidence.For the moment though I've got to get back to the defence of the small area of land they so desperately need to develop their land,sorry to go on 1

[FredPuli43]

Nothing to stop you from going to the magistrates' court and starting a prosecution.
Now see the Prosecution of Offences Act 1985 s6 (1) and s 6(2). Nothing stops any person from instituting or conducting any criminal proceedings to which the Director's [the Director of Public Prosecutions] duty to take over the conduct of proceedings does not apply [a few offences can only be prosecuted by or with the consent of the DPP]

However, when the DPP is not under a duty to take over or act, he may nevertheless do so at any stage i.e. any prosecution.

The current policy of the DPP as to when a private prosecution is to be taken over by the CPS under s 6(2) with a view to discontinuance under s 23 or s 23A of the Act, is to apply the test in the Code for Crown Prosecutors viz. there must be a reasonable prospect of conviction and that it is in the public interest that the prosecution be continued.

It follows that the DPP and the CPS will stop any case you bring, if it does not meet the test.