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TAS Bypass Police to Prosecute Stalking?

Discussion in 'Criminal Law Forum' started by Ned, 15 March 2015.

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  1. Ned

    Ned Member

    15 March 2015
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    Can a person go via a lawyer straight to the prosecutors office to charge someone with stalking. Police in Tasmania are lazy and refuse to charge any one with a crime unless it is murder. Police do not investigate crimes in this state. It's like the cost comes straight out of their own pockets
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
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    No. You have to go through the police. You seem to have made a vast generalisation there. You can try to contact another police officer to speak with them about your concerns if you have had a poor reception in the past. You can also seek legal help and advice such as through Legal Aid if you are having difficulty with the police and need help to resolve the stalking issue.
  3. Rod

    Rod Well-Known Member

    27 May 2014
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    It may be legally possible to bring about a private prosecution of a criminal offence in Tasmania.

    Not sure if this act is still valid: Criminal Code Act 1924 (No. 69 of 1924)


    420. Private prosecutions

    (1) Any person may, by leave of the Supreme Court, file an indictment against any other person for any crime alleged to have been committed by such other person.

    (2) Leave to file any such indictment shall be granted upon such terms and conditions as the said Court in any case for the purpose of securing the substantial ends of justice thinks fit to direct.

    (3) Every such indictment shall be endorsed with the words "Filed by leave of the Supreme Court of Tasmania", and with the name of the person prosecuting the same.

    Do a little more research on this law.

    Most people rely on the police because of their expertise in conducting prosecutions, and because of costs.

    I feel your frustration having had a similar experience with police refusing to act on a complaint.
    Sarah J likes this.
  4. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Ned,

    You could also think about a civil action against the person and apply for an intervention and restraining order against the particular individual. Is there any particular reason (apart from costs) you are seeking criminal prosecution? If you just want to protect yourself or someone else from an individual a civil injunction and restraining order should do the trick.

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