PART IV
Private Prosecutions (ss 14-25)

[Ch0802s14]14.     Private prosecution on refusal of Director of Public Prosecutions to prosecute

            In all cases where the Director of Public Prosecutions declines to prosecute for an alleged offence, any private party who can show some substantial and peculiar interest in the issue of the trial, arising out of some injury which he individually has suffered by the commission of the offence, may prosecute in any court competent to try the offence, the person alleged to have committed it.

[Ch0802s15]15.     What other persons entitled to prosecute

            (1) The following persons also possess the right of prosecution under section 14 as private parties-

     (a)     a husband in respect of offences committed against his wife;

     (b)     the legal guardians or curators of minors or lunatics in respect of offences committed against their wards;

     (c)     the wife or children or, where there is no wife or child, any of the next of kin of any deceased person in respect of any offence by which the death of such person is alleged to have been caused.

            (2) All such persons as are described in this section or section 14 are hereinafter referred to as private prosecutors.

[Ch0802s16]16.     Private prosecutions by certain public bodies and persons

            (1) Any public body or any person on whom the right to prosecute in respect of any offence is expressly conferred by law, may prosecute in any court competent to try the offence, the person alleged to have committed it.

            (2) The right is hereby conferred on city councils, town councils, district councils and township authorities to prosecute in respect of offences against their bye-laws.

[Ch0802s17]17.     Private prosecutor may apply to court for warrant

            Whenever any private prosecutor desires to prosecute for any offence any person for whose liberation from prison any warrant has been issued by the Director of Public Prosecutions, such private prosecutor may apply to the court within whose jurisdiction the offence is alleged to have been committed, for a warrant for the further detention or, if he is on bail, for the detention of such person, and such court shall make such order as to it seems right under the circumstances.

[Ch0802s18]18.     Certificate of Director of Public Prosecutions that he declines to prosecute

            It shall not be competent for any private party referred to in section 15 to obtain the process of any court for summoning any party to answer any charge, unless such private party produces to the officer authorized by law to issue such process a certificate signed by the Director of Public Prosecutions that he has seen the statements or affidavits on which the charge is based and declines to prosecute at the public instance; and in every case in which the Director of Public Prosecutions declines to prosecute he shall, at the request of the party intending to prosecute, grant the certificate aforesaid.

[Ch0802s19]19.     Recognizances to be entered into by private prosecutor

            No private party referred to in section 15 shall take any proceedings under the right conferred upon him by this Part until he-

     (a)     has, if the prosecution is in the High Court, deposited the sum of P100 or entered into a recognizance in the sum of P100 with two sufficient sureties in the sum of P50 each (to be approved by the court in which the proceedings are to be instituted) as security that he will prosecute the charge against the accused to a conclusion without delay; and

     (b)     has in any prosecution given security in such amount and in such manner as the court may direct that he will pay the accused such costs incurred by him in respect of his defence to the charge, as the court before which the case is tried may order him to pay.

[Ch0802s20]20.     Failure of private prosecutor to appear on appointed day

            (1) If a private prosecutor does not appear on the day appointed for appearance, the charge or complaint shall be dismissed unless the court sees reason to believe that such prosecutor was prevented from being present by circumstances beyond his control, in which case it may adjourn the hearing of the case.

            (2) In the case of any such dismissal as aforesaid, the accused shall not be again liable to prosecution, on the same charge, by any private prosecutor; but no such dismissal shall prevent the Director of Public Prosecutions, or a public prosecutor on the instructions of the Director of Public Prosecutions, from afterwards instituting a prosecution.

[Ch0802s21]21.     Mode of conducting private prosecutions

            (1) A private prosecution shall, subject to the provisions of this Act, be proceeded with in the same manner as if it were being conducted at the public instance, except that all costs and expenses of the prosecution shall be paid by the party prosecuting, subject to any order that the court may make when the prosecution is finally concluded.

            (2) A private prosecution in a magistrate's court may be initiated and conducted on behalf of-

     (a)     a city or town council, by the city or town clerk, treasurer or any person (including a police officer) authorized by the city or town clerk in writing;

     (b)     a district council, by the district council secretary, treasurer or any person (including a police officer) authorized by the district council secretary in writing;

     (c)     a township authority, by any member of the township authority or a person (including a police officer) authorized by the township authority in writing.

[Ch0802s22]22.     Competency of Director of Public Prosecutions to take up and conduct prosecution at the public instance in all cases

            In the case of prosecution at the instance of a private prosecutor, the Director of Public Prosecutions or the local public prosecutor may apply by motion to any court before which the prosecution is pending to stop all further proceedings in the case, in order that the prosecution for the offence may be instituted or continued at the public instance and such court shall in every such case make an order in terms of the motion.

[Ch0802s23]23.     Deposit of money by private prosecutor

            In the case of a criminal prosecution at the instance of a private prosecutor, the registrar or clerk of the court shall, for the service of any summons or subpoena or execution of any warrant of arrest or other process, demand and receive the prescribed fees.

[Ch0802s24]24.     Costs of private prosecutions

            (1) Where a person prosecuted at the instance of a private prosecutor is acquitted, the court in which the prosecution was brought may order the prosecutor to pay to the person prosecuted the whole or any part of the expenses (including the costs both before and after committal) which may have been occasioned to him by the prosecution.

            (2) Where the court, upon hearing the charge or complaint on a private prosecution, pronounces the same unfounded and vexatious, it shall award to the accused on his request such costs as it may think fit.

[Ch0802s25]25.     Disposal of fines in certain private prosecutions