3. Can a private company initiate a criminal prosecution under the SJP?
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Southpaw82

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Re: Can a private company initiate a criminal prosecution under the SJP?
« Reply #30 on: December 24, 2024, 09:35:51 pm »
Quote from: b789 on December 24, 2024, 08:48:27 pm
Does that person have to have any formal or legal training to be able to act as a prosecutor?

Not unless they’re acting for someone else.

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Does the prosecutor lay the information to the court that they are intending to prosecute the defendant for beaching railway bylaw 14.2 under bylaw 24(1) even though they are not an "authorised prosecutor"?

Yes.

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I'm assuming that APCOA would need authorisation from the TOC to initiate the prosecution. How would the court view the fact that the TOC are not taking the lead?

No. Unless there are restrictions on who can prosecute, anyone can prosecute without the need for any permission.

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Would the contract APCOA have with the TOC to manage the car park have to specify exactly what authorisation it has to issue a PN under railway bylaws and specify how prosecution of those PNs takes place?

No, for the same reason given above. I could prosecute if I wanted to and I have no contract with the TOC.
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roythebus

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Re: Can a private company initiate a criminal prosecution under the SJP?
« Reply #31 on: December 29, 2024, 11:22:34 am »
To quote above,  "Under railway bylaw 14, only the TOC prosecutor or an authorised agent can initiate criminal enforcement. If a breach of bylaw 14 occurs, the TOC decides whether to prosecute. If prosecution proceeds, it must be under the Single Justice Procedure (SJP) in the Magistrates’ Court."  Do we know if the parking company is an "authorised agent" like a firm of solicitors might be or as they are for local authorities?
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