Outcomes of a Magistrate's Complaint

The magistrate can issue a notice for both you and the respondent to attend criminal mediation. The aim is for both sides to reach an amicable settlement. If the dispute cannot be resolved, the magistrate will give further directions.

The magistrate may postpone the hearing for you and the respondent to try to resolve the complaint amicably. At the next court hearing, you will notify the magistrate of the outcome of the discussion. If the dispute cannot be resolved, the magistrate will give further directions. 

Depending on the facts of the case, the magistrate may direct the police to inquire into the truth or falsehood of the Magistrate's Complaint. The hearing for your Magistrate's Complaint will be postponed until the police have provided their report to the magistrate.

Note: The magistrate cannot order the police to prosecute or issue warnings to the respondent. Such decisions are made by the Attorney-General's Chambers.

There are a few possible scenarios for what could happen after the inquiry:

• If the police find that there is no offence disclosed, the court may dismiss your complaint.
• If the police decide to commence formal investigations or criminal prosecution against the respondent, the case will be taken over by a prosecuting agency. Your Magistrate's Complaint process will end. 
• If the police find that there is an offence, but decline to take up the case, the court will notify you and ask if you intend to proceed with the complaint.

The magistrate may issue a summons to any person who may help the magistrate determine whether there is sufficient reason for the complaint to proceed. The person will need to appear before the magistrate to give evidence about the complaint.

If the magistrate decides that there is insufficient reason for your complaint to proceed, your case will be dismissed.

If the magistrate decides that there is sufficient reason for your complaint to proceed to private prosecution, the court can issue a private summons for the respondent to attend court.