Question about pressing charges...

LoneRonin

LoneRonin

Well-known member
If you have an altercation or anything with a person and the police are involved, can they press charges on their own or does the other person have to give them the go ahead?
 
they can charge on their own but i have a feeling they may not if the other person insists convincingly that they shouldn't.

having said that, in most of these cases, it's a he-said/he-said matter. Unless there are plenty of witnesses or the officer witnessed the assault themselves, I don't know how they will sort out who the aggressor was.
 
LoneRonin said:
If you have an altercation or anything with a person and the police are involved, can they press charges on their own or does the other person have to give them the go ahead?
Click to expand...

Canada is not like the United States, so don't take American court TV shows as meaning anything here. In Canada, The Crown presses charges. Individuals don't (except for the process of "swearing the information" with a JP). Police lay the charge, The Crown pursues it, and the victim is called to witness. Police will frequently not lay a charge if the victim is not behind the prosecution, but they certainly can and do.
 
As Rob pointed out. indivduals can lay informations (and actually prosecute as an indivdual). however the crown can take over your case at any time.

the crown being able take over your case is actually a fairly recent development. Blame PETA for that one.
 
Can you apply for disclosure in such cases? Even if court date is less than a month away?
 
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