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       #Post#: 50989--------------------------------------------------
       Re: Can a private company initiate a criminal prosecution under
       the SJP?
   DIR By: Southpaw82
       Date: December 24, 2024, 3:35 pm
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       --- Quote from: b789 link ---
       >
       > Does that person have to have any formal or legal training to
       be able to act as a prosecutor?
       --- End Quote ---
       Not unless they’re acting for someone else.
       --- Quote ---
       > 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"?
       --- End Quote ---
       Yes.
       --- Quote ---
       > 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?
       --- End Quote ---
       No. Unless there are restrictions on who can prosecute, anyone
       can prosecute without the need for any permission.
       --- Quote ---
       > 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?
       >
       --- End Quote ---
       No, for the same reason given above. I could prosecute if I
       wanted to and I have no contract with the TOC.
       #Post#: 51251--------------------------------------------------
       Re: Can a private company initiate a criminal prosecution under
       the SJP?
   DIR By: roythebus
       Date: December 29, 2024, 5:22 am
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       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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