Charging Someone with a Criminal Offense (Script 215) - Revision history

Drew Jackson: Redirected page to Charging Someone with a Criminal Offence (No. 215)

2019-03-22T18:59:11Z

Redirected page to Charging Someone with a Criminal Offence (No. 215)

← Older revision		Revision as of 18:59, 22 March 2019
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	~~{{Dial-A-Law Blurb}}~~		#REDIRECT [[Charging Someone with a Criminal Offence (No. 215)]]

	~~{{Dial-A-Law TOC\|expanded = criminal}}~~
	~~==Procedure in Vancouver: other places may differ==~~
	The procedure for charging someone with a criminal offence or making a report to the police varies slightly from place to place in BC. This script describes the procedure in Vancouver. If you live elsewhere in BC, contact the Justice of the Peace at your local provincial courthouse or the local police station for the procedure there.

	~~==What is the purpose of the criminal justice system?==~~
	The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. If someone owes you money but has not committed a crime, you should consider suing that person in Small Claims Court or in the Supreme Court of British Columbia.

	~~==Where do you start if you want someone to be charged with an offence?==~~
	'''File a police report'''—phone the local police station’s non-emergency line to see if you can make a report by phone, or whether you have to go to the police station. It normally depends on the crime. In either case, you will file a police report with an officer, and possibly make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.

	'''If the officer thinks that the person should be charged''', the officer will write a report to a '''prosecutor''' (also called '''Crown counsel''') with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.

	'''If the officer thinks the person should NOT be charged''', they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script [[Complaints Against Municipal Police (Script 221)\|221]]) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script [[Complaints Against the RCMP (Script 220)\|220]]). You can also charge the person yourself, as explained below.

	~~==What is a prosecutor and what do they do?==~~
	Prosecutors are lawyers employed by the government to prosecute, or present, criminal cases in court. A prosecutor will review the police report and may charge the person with an offence. You may have to testify as a witness, where you will tell the court what you know, if the case goes to court. If you suffered financial loss, you may be able to get compensation, so you should give this information to the police or prosecutor. If you don’t hear whether the person has been charged, you can contact the police officer who took the report for a follow up.

	~~==What if the prosecutor won’t charge the person?==~~
	~~'''Talk with the prosecutor'''—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. The BC ''~~[~~http://www.bclaws.ca/civix/document/id/complete/statreg/96478_01 Victims of Crime Act]'' gives victims of crime the right to know the reasons for a decision about charges. And the ''~~[http://laws-lois.justice.gc.ca/eng/acts/C-23.7/page-1.html Canadian Victims Bill of Rights]'' gives victims of crime the right, if they ask, to information about the status and outcome of the investigation into the crime.

	Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with ~~the police’s decision, you can follow the police complaint process described above.~~

	~~'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask~~ a ~~Justice of the Peace (a JP) to charge the person based on a ''private information''. If the offence is in the ''~~Criminal ~~Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it~~ (~~or '''stay the prosecution''') because a prosecutor has to meet a higher standard to prove a charge than a JP needs to accept one~~.

	If the prosecutor does not stay the charge, you still must convince a provincial court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must show the judge there is some evidence that the person committed each part of the crime (this is called a ''prima facie case''). If you do that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it until they get more information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown counsel office and speak to the prosecutor’s supervisor who can explain the reasons for their decision.

	~~==Summary==~~
	The first step to getting someone charged with a criminal offence is to file a police report. If the police decide to proceed, they will send a report to the prosecutor, who may charge the person with an offence after reading the police report and witness statements.

	If the police do not send a report to the prosecutor, you can discuss their refusal to do so with the police and file a complaint if you still disagree. Or, you can try charging the person yourself before a Justice of the Peace.

	If the prosecutor decides not to prosecute the person, you can contact the prosecutor. If that doesn't work, you can try charging the person yourself, again before a Justice of the Peace. Lastly, you can ask to speak to the prosecutor’s supervisor who can explain the reasons for their decision.



	~~[updated August 2017~~]

	~~'''The above was last edited by John Blois.'''~~

	~~----~~
	~~----~~

	~~{{Dial-A-Law Copyright}}~~

	~~{{Dial-A-Law_Navbox\|type=crim}}~~

Dial-A-Law: /* What if the prosecutor won’t charge the person? */

2017-08-17T22:34:42Z

What if the prosecutor won’t charge the person?

← Older revision		Revision as of 22:34, 17 August 2017
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	Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.		Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.

	'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on a ''private information''. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (or ''''stay the prosecution''') because a prosecutor has to meet a higher standard to prove a charge than a JP needs to accept one.		'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on a ''private information''. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (or '''stay the prosecution''') because a prosecutor has to meet a higher standard to prove a charge than a JP needs to accept one.

	If the prosecutor does not stay the charge, you still must convince a provincial court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must show the judge there is some evidence that the person committed each part of the crime (this is called a ''prima facie case''). If you do that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it until they get more information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown counsel office and speak to the prosecutor’s supervisor who can explain the reasons for their decision.		If the prosecutor does not stay the charge, you still must convince a provincial court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must show the judge there is some evidence that the person committed each part of the crime (this is called a ''prima facie case''). If you do that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it until they get more information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown counsel office and speak to the prosecutor’s supervisor who can explain the reasons for their decision.

Dial-A-Law at 22:32, 17 August 2017

2017-08-17T22:32:48Z

← Older revision		Revision as of 22:32, 17 August 2017
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	==Where do you start if you want someone to be charged with an offence?==		==Where do you start if you want someone to be charged with an offence?==
	~~Telephone your~~ local police station’s non-emergency line to see ~~whether~~ a report ~~can be made over the~~ phone, or whether ~~it would be best for~~ you to ~~visit~~ the police station ~~itself~~. ~~The policy on whether this can be done over the phone~~ depends on the crime~~, and it is best to contact the police first to determine what method would be best~~. In either case, you will ~~be asked to~~ file a police report with an officer, and possibly to make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.		'''File a police report'''—phone the local police station’s non-emergency line to see if you can make a report by phone, or whether you have to go to the police station. It normally depends on the crime. In either case, you will file a police report with an officer, and possibly make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.

	'''If the officer thinks that the person should be charged''', the officer will write a report to a '''prosecutor''' (also called '''Crown ~~Counsel~~''') with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.		'''If the officer thinks that the person should be charged''', the officer will write a report to a '''prosecutor''' (also called '''Crown counsel''') with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.

	'''If the officer thinks the person should NOT be charged''', they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script [[Complaints Against Municipal Police (Script 221)\|221]]) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script [[Complaints Against the RCMP (Script 220)\|220]]). You can also charge the person yourself, as explained below.		'''If the officer thinks the person should NOT be charged''', they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script [[Complaints Against Municipal Police (Script 221)\|221]]) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script [[Complaints Against the RCMP (Script 220)\|220]]). You can also charge the person yourself, as explained below.
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	==What if the prosecutor won’t charge the person?==		==What if the prosecutor won’t charge the person?==
	'''Talk with the prosecutor'''—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. ~~Listen carefully to the prosecutor because they are experts in criminal law~~. ~~If you have new information,~~ the ~~prosecutor may send you back~~ to the ~~police~~. ~~In that case, what happens next will depend on what~~ the ~~police choose to do~~. ~~If you disagree with~~ the ~~police’s decision~~, ~~you can follow~~ the ~~police complaint process described above~~.		'''Talk with the prosecutor'''—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. The BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96478_01 Victims of Crime Act]'' gives victims of crime the right to know the reasons for a decision about charges. And the ''[http://laws-lois.justice.gc.ca/eng/acts/C-23.7/page-1.html Canadian Victims Bill of Rights]'' gives victims of crime the right, if they ask, to information about the status and outcome of the investigation into the crime.

	~~'''Charge the person yourself'''—if the police won’t investigate or~~ the prosecutor ~~won’t charge the person and~~ you ~~still disagree with their decisions~~, you ~~can ask a Justice of the Peace (a JP)~~ to ~~charge~~ the ~~person based~~ on ~~“private information”. If~~ the ~~offence is in the ''Criminal Code'', a JP has~~ to ~~accept the charge~~. ~~Even if the JP accepts~~ the ~~charge, in a typical case, unless there is strong evidence of a criminal offence~~, the ~~prosecutor will likely end it (known as a “'''stay''' of prosecution”) because a prosecutor has to meet a higher standard of proof to prove a charge than a JP needs to accept one~~.		Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.

	If the prosecutor does not stay the charge, you still must convince a ~~Provincial Court~~ judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must ~~convince~~ the judge there is ~~enough~~ evidence ~~to prove~~ the crime ~~beyond~~ a ~~reasonable doubt~~. If you ~~succeed in doing~~ that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it ~~pending further~~ information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown ~~Counsel~~ office and speak to the prosecutor’s supervisor.		'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on a ''private information''. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (or ''''stay the prosecution''') because a prosecutor has to meet a higher standard to prove a charge than a JP needs to accept one.

			If the prosecutor does not stay the charge, you still must convince a provincial court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must show the judge there is some evidence that the person committed each part of the crime (this is called a ''prima facie case''). If you do that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it until they get more information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown counsel office and speak to the prosecutor’s supervisor who can explain the reasons for their decision.

	==Summary==		==Summary==
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	If the police do not send a report to the prosecutor, you can discuss their refusal to do so with the police and file a complaint if you still disagree. Or, you can try charging the person yourself before a Justice of the Peace.		If the police do not send a report to the prosecutor, you can discuss their refusal to do so with the police and file a complaint if you still disagree. Or, you can try charging the person yourself before a Justice of the Peace.

	If the prosecutor decides not to prosecute the person, you can contact the prosecutor. If that doesn't work, you can try charging the person yourself, again before a Justice of the Peace. Lastly, you can ask to speak to the prosecutor’s supervisor who ~~may reconsider~~ the ~~prosecutor’s~~ decision.		If the prosecutor decides not to prosecute the person, you can contact the prosecutor. If that doesn't work, you can try charging the person yourself, again before a Justice of the Peace. Lastly, you can ask to speak to the prosecutor’s supervisor who can explain the reasons for their decision.



			[updated August 2017]

	~~[updated April 2015]~~		'''The above was last edited by John Blois.'''

	~~'''The above was last reviewed for accuracy by Jack Montpellier.'''~~		----
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Dial-A-Law at 22:48, 18 June 2015

2015-06-18T22:48:44Z

← Older revision		Revision as of 22:48, 18 June 2015
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	[updated April 2015]		[updated April 2015]

	~~{{REVIEWED \| reviewer =~~ Jack Montpellier}}		'''The above was last reviewed for accuracy by Jack Montpellier.'''
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Dial-A-Law at 20:51, 25 May 2015

2015-05-25T20:51:03Z

← Older revision		Revision as of 20:51, 25 May 2015
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	[updated April 2015]		[updated April 2015]

			{{REVIEWED \| reviewer = Jack Montpellier}}
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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

	{{Dial-A-Law_Navbox\|type=crim}}		{{Dial-A-Law_Navbox\|type=crim}}

Dial-A-Law: /* Summary */

2015-04-29T23:19:16Z

Summary

← Older revision		Revision as of 23:19, 29 April 2015
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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

	{{Dial-A-Law_Navbox\|type=crim}}		{{Dial-A-Law_Navbox\|type=crim}}

Dial-A-Law at 23:18, 29 April 2015

2015-04-29T23:18:13Z

← Older revision		Revision as of 23:18, 29 April 2015
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	Telephone your local police station’s non-emergency line to see whether a report can be made over the phone, or whether it would be best for you to visit the police station itself. The policy on whether this can be done over the phone depends on the crime, and it is best to contact the police first to determine what method would be best. In either case, you will be asked to file a police report with an officer, and possibly to make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.		Telephone your local police station’s non-emergency line to see whether a report can be made over the phone, or whether it would be best for you to visit the police station itself. The policy on whether this can be done over the phone depends on the crime, and it is best to contact the police first to determine what method would be best. In either case, you will be asked to file a police report with an officer, and possibly to make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.

	If the officer thinks that the person should be charged, the officer will write a report to a prosecutor (also called Crown Counsel) with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.		'''If the officer thinks that the person should be charged''', the officer will write a report to a '''prosecutor''' (also called '''Crown Counsel''') with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.

	If the officer thinks the person should NOT be charged, they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script [[Complaints Against Municipal Police (Script 221)\|221]]) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script [[Complaints Against the RCMP (Script 220)\|220]]). You can also charge the person yourself, as explained below.		'''If the officer thinks the person should NOT be charged''', they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script [[Complaints Against Municipal Police (Script 221)\|221]]) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script [[Complaints Against the RCMP (Script 220)\|220]]). You can also charge the person yourself, as explained below.

	==What is a prosecutor and what do they do?==		==What is a prosecutor and what do they do?==

Dial-A-Law at 23:17, 29 April 2015

2015-04-29T23:17:03Z

← Older revision		Revision as of 23:17, 29 April 2015
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	If the officer thinks that the person should be charged, the officer will write a report to a prosecutor (also called Crown Counsel) with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.		If the officer thinks that the person should be charged, the officer will write a report to a prosecutor (also called Crown Counsel) with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.

	If the officer thinks the person should NOT be charged, they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script 221) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script 220). You can also charge the person yourself, as explained below.		If the officer thinks the person should NOT be charged, they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script [[Complaints Against Municipal Police (Script 221)\|221]]) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script [[Complaints Against the RCMP (Script 220)\|220]]). You can also charge the person yourself, as explained below.

	==What is a prosecutor and what do they do?==		==What is a prosecutor and what do they do?==
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	==What if the prosecutor won’t charge the person?==		==What if the prosecutor won’t charge the person?==
	Talk with the ~~prosecutor—if~~ the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.		'''Talk with the prosecutor'''—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.

	'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on “private information”. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (known as a “'''stay''' of prosecution”) because a prosecutor has to meet a higher standard of proof to prove a charge than a JP needs to accept one.		'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on “private information”. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (known as a “'''stay''' of prosecution”) because a prosecutor has to meet a higher standard of proof to prove a charge than a JP needs to accept one.

Dial-A-Law at 23:15, 29 April 2015

2015-04-29T23:15:10Z

Dial-A-Law at 23:12, 29 April 2015

2015-04-29T23:12:31Z

← Older revision		Revision as of 23:15, 29 April 2015
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	{{Dial-A-Law TOC\|expanded = criminal}}		{{Dial-A-Law TOC\|expanded = criminal}}
	Procedure in Vancouver: other places may differ		==Procedure in Vancouver: other places may differ==
	The procedure for charging someone with a criminal offence or making a report to the police varies slightly from place to place in BC. This script describes the procedure in Vancouver. If you live elsewhere in BC, contact the Justice of the Peace at your local provincial courthouse or the local police station for the procedure there.		The procedure for charging someone with a criminal offence or making a report to the police varies slightly from place to place in BC. This script describes the procedure in Vancouver. If you live elsewhere in BC, contact the Justice of the Peace at your local provincial courthouse or the local police station for the procedure there.

	What is the purpose of the criminal justice system?		==What is the purpose of the criminal justice system?==
	The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. If someone owes you money but has not committed a crime, you should consider suing that person in Small Claims Court or in the Supreme Court of British Columbia.		The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. If someone owes you money but has not committed a crime, you should consider suing that person in Small Claims Court or in the Supreme Court of British Columbia.

	Where do you start if you want someone to be charged with an offence?		==Where do you start if you want someone to be charged with an offence?==
	Telephone your local police station’s non-emergency line to see whether a report can be made over the phone, or whether it would be best for you to visit the police station itself. The policy on whether this can be done over the phone depends on the crime, and it is best to contact the police first to determine what method would be best. In either case, you will be asked to file a police report with an officer, and possibly to make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.		Telephone your local police station’s non-emergency line to see whether a report can be made over the phone, or whether it would be best for you to visit the police station itself. The policy on whether this can be done over the phone depends on the crime, and it is best to contact the police first to determine what method would be best. In either case, you will be asked to file a police report with an officer, and possibly to make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.

Line 15:		Line 15:
	If the officer thinks the person should NOT be charged, they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script 221) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script 220). You can also charge the person yourself, as explained below.		If the officer thinks the person should NOT be charged, they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script 221) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script 220). You can also charge the person yourself, as explained below.

	What is a prosecutor and what do they do?		==What is a prosecutor and what do they do?==
	Prosecutors are lawyers employed by the government to prosecute, or present, criminal cases in court. A prosecutor will review the police report and may charge the person with an offence. You may have to testify as a witness, where you will tell the court what you know, if the case goes to court. If you suffered financial loss, you may be able to get compensation, so you should give this information to the police or prosecutor. If you don’t hear whether the person has been charged, you can contact the police officer who took the report for a follow up.		Prosecutors are lawyers employed by the government to prosecute, or present, criminal cases in court. A prosecutor will review the police report and may charge the person with an offence. You may have to testify as a witness, where you will tell the court what you know, if the case goes to court. If you suffered financial loss, you may be able to get compensation, so you should give this information to the police or prosecutor. If you don’t hear whether the person has been charged, you can contact the police officer who took the report for a follow up.

	What if the prosecutor won’t charge the person?		==What if the prosecutor won’t charge the person?==
	Talk with the prosecutor—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.		Talk with the prosecutor—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.

	Charge the person ~~yourself—if~~ the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on “private information”. If the offence is in the Criminal Code, a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (known as a ~~“stay~~ of prosecution”) because a prosecutor has to meet a higher standard of proof to prove a charge than a JP needs to accept one.		'''Charge the person yourself'''—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on “private information”. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (known as a “'''stay''' of prosecution”) because a prosecutor has to meet a higher standard of proof to prove a charge than a JP needs to accept one.

	If the prosecutor does not stay the charge, you still must convince a Provincial Court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must convince the judge there is enough evidence to prove the crime beyond a reasonable doubt. If you succeed in doing that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it pending further information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown Counsel office and speak to the prosecutor’s supervisor.		If the prosecutor does not stay the charge, you still must convince a Provincial Court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must convince the judge there is enough evidence to prove the crime beyond a reasonable doubt. If you succeed in doing that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it pending further information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown Counsel office and speak to the prosecutor’s supervisor.

	Summary		==Summary==
	The first step to getting someone charged with a criminal offence is to file a police report. If the police decide to proceed, they will send a report to the prosecutor, who may charge the person with an offence after reading the police report and witness statements.		The first step to getting someone charged with a criminal offence is to file a police report. If the police decide to proceed, they will send a report to the prosecutor, who may charge the person with an offence after reading the police report and witness statements.

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	{{Dial-A-Law TOC\|expanded = criminal}}		{{Dial-A-Law TOC\|expanded = criminal}}
	==Procedure in Vancouver: other places may differ==		Procedure in Vancouver: other places may differ
	The procedure for charging someone with a criminal offence or making a report to the police varies slightly from place to place in BC. This script describes the procedure in Vancouver. If you live elsewhere in BC, contact the Justice of the Peace at your local provincial courthouse or the local police station for the procedure there.		The procedure for charging someone with a criminal offence or making a report to the police varies slightly from place to place in BC. This script describes the procedure in Vancouver. If you live elsewhere in BC, contact the Justice of the Peace at your local provincial courthouse or the local police station for the procedure there.

	==What is the purpose of the criminal justice system?==		What is the purpose of the criminal justice system?
	The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. So you ~~should~~ not ~~say or allege, that someone~~ committed ~~an assault, for example, if you just want him to pay you for your broken glasses. Instead~~, you should consider suing ~~him civilly~~ in ~~small claims court~~.		The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. If someone owes you money but has not committed a crime, you should consider suing that person in Small Claims Court or in the Supreme Court of British Columbia.

	==Where do you start if you want someone to be charged with an offence?==		Where do you start if you want someone to be charged with an offence?
	Go to the police station, ~~speak~~ to ~~an officer on duty~~, ~~and~~ file a police report or make a statement with your allegations. Make a note of the police officer's name and number and, if possible, the police report number. An ~~police~~ officer will investigate your case and report to you.		Telephone your local police station’s non-emergency line to see whether a report can be made over the phone, or whether it would be best for you to visit the police station itself. The policy on whether this can be done over the phone depends on the crime, and it is best to contact the police first to determine what method would be best. In either case, you will be asked to file a police report with an officer, and possibly to make a statement with your allegations. Make a note of the police officer's name and badge number and, if possible, the police report number. An officer will investigate your case and report to you.

	~~'''~~If the officer thinks that the person should be charged~~'''~~, ~~they~~ will write a report to ~~the '''~~prosecutor~~'''~~ (also called ~~'''~~Crown Counsel~~'''~~) with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.		If the officer thinks that the person should be charged, the officer will write a report to a prosecutor (also called Crown Counsel) with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.

	~~'''~~If the officer thinks the person should ~~not~~ be charged~~'''~~, they will tell you so~~. And~~ they ~~won’t~~ send a report to ~~the~~ prosecutor. If this happens and you disagree, you can ask to speak to the officer’s ~~boss~~. ~~You~~ can ~~also~~ file a complaint with either the Police Complaint Commissioner (~~check~~ script ~~[[Complaints Against Municipal Police (Script~~ 221~~)\|221]]~~) or the Commission for Public Complaints ~~Against the RCMP~~ (~~check~~ script ~~[[Complaints Against the RCMP (Script 220)\|~~220]])~~. It depends on whether your complaint is against a municipal police force or the RCMP~~. You can also charge the person yourself, as explained below.		If the officer thinks the person should NOT be charged, they will tell you so, and they will not send a report to a prosecutor. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with either the Police Complaint Commissioner (discussed in script 221) or, if you are dealing with the RCMP, you can file a complaint with the Commission for Public Complaints (discussed in script 220). You can also charge the person yourself, as explained below.

	==What is a prosecutor and what do they do?==		What is a prosecutor and what do they do?
	Prosecutors are lawyers employed by the government to prosecute, or present, criminal cases in court. A prosecutor will review the police report and may charge the person with an offence. You may have to testify as a witness (tell the court what you know) if the case goes to court. If you suffered financial loss, you may be able to get compensation, so you should give this information to the police or prosecutor. If you don’t hear whether the person has been charged, you ~~should~~ contact the police officer who took the report.		Prosecutors are lawyers employed by the government to prosecute, or present, criminal cases in court. A prosecutor will review the police report and may charge the person with an offence. You may have to testify as a witness, where you will tell the court what you know, if the case goes to court. If you suffered financial loss, you may be able to get compensation, so you should give this information to the police or prosecutor. If you don’t hear whether the person has been charged, you can contact the police officer who took the report for a follow up.

	==What if the prosecutor won’t charge the person?==		What if the prosecutor won’t charge the person?
	~~'''~~Talk with the ~~prosecutor'''—if~~ the police send a report to the prosecutor, who decides not to charge the person, you can call the prosecutor~~, who may~~ speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police do. If you disagree with the ~~police~~ decision ~~at this point~~, you can follow the police complaint process described above.		Talk with the prosecutor—if the police send a report to the prosecutor who then decides not to charge the person, you can call the prosecutor to see if they will speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police choose to do. If you disagree with the police’s decision, you can follow the police complaint process described above.

	~~'''~~Charge the person ~~yourself'''—if~~ the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on a “private information”. If the offence is in the ''Criminal Code'', a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (~~or “'''stay''' the~~ prosecution”)~~. That’s~~ because a prosecutor has to meet a higher standard of proof than a JP needs to accept ~~a charge~~.		Charge the person yourself—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on “private information”. If the offence is in the Criminal Code, a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (known as a “stay of prosecution”) because a prosecutor has to meet a higher standard of proof to prove a charge than a JP needs to accept one.

	If the prosecutor does not stay the charge, you still ~~have to~~ convince a Provincial Court judge to order the person charged to ~~come to~~ court~~. The~~ judge can issue an arrest warrant or a summons to do this. You ~~have to~~ convince the judge there is evidence to prove the crime. ~~But if~~ you do that, the prosecutor may ask the judge to ~~wait (~~adjourn or postpone the case) before issuing a warrant or a summons so the police can investigate the ~~case~~. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown Counsel office and speak to the prosecutor’s ~~boss~~.		If the prosecutor does not stay the charge, you still must convince a Provincial Court judge to order the person charged to attend court, and the judge can issue an arrest warrant or a summons to do this. You must convince the judge there is enough evidence to prove the crime beyond a reasonable doubt. If you succeed in doing that, the prosecutor may ask the judge to adjourn or postpone the case (meaning delay it pending further information) before issuing a warrant or a summons so the police can investigate the matter. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown Counsel office and speak to the prosecutor’s supervisor.

	==Summary==		Summary
	The first step ~~in charging~~ someone with a criminal offence is to file a police report. If the police decide to proceed, they will send a report to the prosecutor, who may charge the person with an offence (after reading the police report and witness statements).		The first step to getting someone charged with a criminal offence is to file a police report. If the police decide to proceed, they will send a report to the prosecutor, who may charge the person with an offence after reading the police report and witness statements.

	If the police do not send a report to the prosecutor, you can discuss it with the police and file a complaint if you still disagree. Or you can try charging the person yourself before a Justice of the Peace.		If the police do not send a report to the prosecutor, you can discuss their refusal to do so with the police and file a complaint if you still disagree. Or, you can try charging the person yourself before a Justice of the Peace.

	If the prosecutor decides not to prosecute the person, you can ~~call~~ the prosecutor. If that doesn't work, you can try charging the person yourself, before a ~~justice~~ of the ~~peace~~. Lastly, you can ask to speak to the prosecutor’s ~~boss~~.		If the prosecutor decides not to prosecute the person, you can contact the prosecutor. If that doesn't work, you can try charging the person yourself, again before a Justice of the Peace. Lastly, you can ask to speak to the prosecutor’s supervisor who may reconsider the prosecutor’s decision.


	[updated ~~August 2014~~]		[updated April 2015]