The victim’s role as a private prosecutor in court

In a public prosecution, a person who has suffered financial loss or non-pecuniary harm as a result of the offence may apply to take part in the trial as a private prosecutor. The victim acquires this procedural role when admitted by the court. If the victim dies, their heirs may assume the role.

The private prosecutor supports the charge alongside the public prosecutor and may continue to do so even if the public prosecutor no longer supports it. The private prosecutor may also seek judicial review of the final ruling in the case.

The private prosecutor’s rights include:

• Taking part in the court proceedings;
• Inspecting the case file;
• Seeking the recusal of a judge, prosecutor or other participant where there are doubts about their impartiality;
• Submitting evidence and asking the court to obtain evidence, summon witnesses or hear expert opinions;
• Being present while the court examines the evidence;
• Questioning the defendant and witnesses and raising objections to witness testimony;
• Seeking reimbursement of costs incurred in the proceedings if the defendant is convicted;
• Making applications, observations and objections, and appealing judicial acts that infringe their rights or interests, including the trial judgment and the appellate court’s decision.

This article does not constitute a legal opinion or advice about a particular situation or person, whether or not that person has the rights of a private prosecutor. For assistance with a matter involving criminal law, liability in tort or a possible referral to the prosecutor’s office, consult a lawyer who practises criminal law.