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Ontario|Criminal LawVictims of Crime 786 What happens if the police refuse to lay charges?
- Laying charges through a Justice of the Peace
The police will always lay charges when they believe a crime has been committed. However, if an offence has been committed and the police will not lay a charge, any member of the public can take steps to have a charge laid by meeting with a Justice of the Peace and swearing what is called an information. The information is a piece of paper that contains the details of the offence. When you meet with the Justice of the Peace, you will have to explain the details of the offence and swear an oath that you believe a criminal offence has been committed.
If the Justice is convinced that an offence has been committed, the Justice will issue a summons, which is a piece of paper that orders the person you accused to come to court on a certain day. If the Justice does not believe you or does not believe that an offence has been committed, no legal action will be taken against the offender.
If charges are laid, the Crown prosecutor will step in and take over the prosecution of the person you charged. If you are unsure of how to have charges laid or what options you have, you should consult a lawyer.
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