The Magistrate Court of Western Australia is usually the court where most criminal prosecutions are being conducted which are usually initiated by the police prosecutors although the Director of the Public Prosecution may commence the filing of cases for indictable offences including committal proceedings, as well as for non-indictable offences.
Any person acting in a private capacity cannot file or initiate action for committal proceedings for an indictable offence or action for the non-indictable offence. This prohibition is subject to a statutory exception in Western Australia. Every criminal proceeding in Western Australia must be initiated by persons authorized by law to do so.
Historically, private individuals can commence actions for committal proceedings based on their complaints under the general rule that any penalty imposed by any act can be sued for by any person subject to the limitation when such right to sue is given to persons designated by the law.
This right is based on the principle that any criminal action is commenced in the name of the Crown and every single member of the community has the right to use the name of the sovereign to put the machinery of the criminal law in motion.
This is not the situation now. The Director of the Public Prosecution is the one tasked to initiate any criminal proceedings before the Magistrate Court in the name of the Crown. It was granted the statutory power to maintain public control over private prosecutions for all indictable offences and summary offences.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.