Private Complaints

Prosecution of offenders in criminal cases is usually done by the State. However, if the offence is minor and the police do not wish to take action, the law allows private individuals to prosecute by way of private complaint (commonly known as private summons). For example, assault cases are often prosecuted by private individuals. The prosecuting party must go to the Subordinate Courts to make his/her complaint in a prescribed form and to personally affirm this complaint before a Magistrate.

This procedure of private complaints is not available for civil matters e.g. breach of contract, where a different procedure is used.

The steps involved in this process is set out below.