Commencement of proceedings by certain persons
125 Commencement of proceedings by certain persons
This clause applies if, before the commencement—
a person commenced proceedings for a prosecution of another person for a criminal offence, and
the person was, when the person commenced the proceedings, a person mentioned in a relevant provision, and
the person purported to commence the proceedings in the person’s capacity as a person mentioned in the relevant provision rather than in the person’s private capacity.
Example—
The proceedings related to or arose out of an investigation conducted by the agency of which the person was an officer or employee and the person commenced the proceedings in the person’s capacity as an officer or employee of that agency, not in the person’s capacity as a member of the community.
The person is taken to have been acting in an official capacity in commencing the proceedings.
This clause applies—
whether or not the person, or a person, agency, statutory body or other body of which the person was an officer or employee, had an express or implied function of commencing proceedings for prosecutions, other than by the operation of this clause, and
whether the proceedings had been finalised, or were yet to be finalised, before the commencement.
In this clause—
commencement means the commencement of the Criminal Procedure and Other Legislation Amendment (Criminal Proceedings) Act 2025, Schedule 1.
private capacity, for a person, means acting in a personal capacity as a member of the community rather than acting in the person’s capacity as a person mentioned in a relevant provision.
relevant provision means section 3(1), definition of public officer, paragraphs (a)–(f).
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