The Right to Institute a Private Prosecution
A Comparative Analysis
In: International Human Rights Law ReviewSearch for other papers by Jamil Ddamulira Mujuzi in
Current site
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The general rule in almost all jurisdictions is that when an offence is committed, the suspect will be prosecuted by the state’s prosecutorial organ. However, there is one exception to this rule in many states – private prosecution. International human rights instruments do not provide for the right of a victim to institute a private prosecution. However, in many states legislation or case law provides for this right. Due to the fact that different states have different legal systems, it is important to study the features of private prosecutions in these jurisdictions. These features also demonstrate the limitations on the right to institute a private prosecution. In this article, the author analyses pieces of legislation or case law from states in Europe, Asia, Africa, Australasia, and North America to highlight how legislation or case law has dealt with the following aspects of private prosecution: legal basis for instituting a private prosecution; locus standi in private prosecutions; whether permission from the court or prosecuting authority is a pre-requisite for instituting a private prosecution; the threshold that has to be met to institute a private prosecution; the rights of the accused in private prosecutions; incurring the costs for a private prosecution; state intervention or involvement in private prosecutions; and abuse of private prosecutions.
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37
Act 51 of 1977.
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For example Animal Welfare Act 2006. This Act is discussed in detail in Lamont-Perkins v Royal Society for the Prevention of Cruelty to Animals [2012] ewhc 1002 (Admin) (24 April 2012).
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The Right to Institute a Private Prosecution
A Comparative Analysis
In: International Human Rights Law ReviewSearch for other papers by Jamil Ddamulira Mujuzi in
Current site
Google Scholar
PubMed
The general rule in almost all jurisdictions is that when an offence is committed, the suspect will be prosecuted by the state’s prosecutorial organ. However, there is one exception to this rule in many states – private prosecution. International human rights instruments do not provide for the right of a victim to institute a private prosecution. However, in many states legislation or case law provides for this right. Due to the fact that different states have different legal systems, it is important to study the features of private prosecutions in these jurisdictions. These features also demonstrate the limitations on the right to institute a private prosecution. In this article, the author analyses pieces of legislation or case law from states in Europe, Asia, Africa, Australasia, and North America to highlight how legislation or case law has dealt with the following aspects of private prosecution: legal basis for instituting a private prosecution; locus standi in private prosecutions; whether permission from the court or prosecuting authority is a pre-requisite for instituting a private prosecution; the threshold that has to be met to institute a private prosecution; the rights of the accused in private prosecutions; incurring the costs for a private prosecution; state intervention or involvement in private prosecutions; and abuse of private prosecutions.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2996 | 266 | 32 |
| Full Text Views | 367 | 4 | 1 |
| PDF Views & Downloads | 286 | 16 | 3 |
