The Affidavit of Non Prosecution Form is utilized in Australian legal contexts when a complainant or victim wishes to formally communicate their desire to discontinue criminal proceedings against an alleged offender. This document must adhere to the requirements set forth in various Australian legislation, including the Evidence Act 1995 (Cth), relevant state-specific Criminal Procedure Acts, and Oaths Acts. While common in private prosecution matters, it's important to note that the document does not bind the prosecution authorities, who maintain discretion over proceeding with criminal charges. The affidavit typically includes detailed information about the original complaint, the reasons for non-prosecution, and must be properly witnessed by authorized persons such as a Justice of the Peace or Commissioner for Declarations.
Affidavit Of Non Prosecution Form Template for Australia
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Key Requirements PROMPT example:
Affidavit Of Non Prosecution Form
"I need an Affidavit of Non Prosecution Form for New South Wales jurisdiction regarding a workplace theft incident reported on January 15, 2025, where a settlement agreement has been reached and I, as the business owner, wish to withdraw charges against a former employee."
1. Title and Court Details: Formal heading identifying the document as an Affidavit of Non Prosecution and relevant court information if applicable
2. Deponent Details: Full legal name, address, and occupation of the person making the affidavit
3. Oath/Affirmation Statement: Formal declaration that the contents are true and correct, made under oath or affirmation
4. Incident Details: Description of the original incident, including date, location, and nature of the complaint or charges
5. Statement of Non Prosecution: Clear declaration of the deponent's desire not to pursue criminal charges or continue with prosecution
6. Voluntary Statement: Confirmation that the decision is being made voluntarily and without coercion or duress
7. Understanding of Rights: Acknowledgment that the deponent understands their legal rights and the implications of non-prosecution
8. Execution Block: Space for signature, date, and witness details
1. Related Court Proceedings: Details of any existing court proceedings or case numbers, used when the matter is already before the courts
2. Reason for Non Prosecution: Explanation of why the deponent wishes to withdraw the complaint, included when context is important or required by authorities
3. Financial Settlement: Declaration of any financial settlement reached, if applicable and if such settlement influences the decision
4. Future Rights Reservation: Statement reserving or waiving rights to future legal action, included when needed for clarity on future legal standing
5. Legal Advice: Confirmation that the deponent has received independent legal advice, included when required by jurisdiction or circumstances
1. Original Complaint: Copy of the original police report or complaint filed
2. Identity Documents: Copies of identification documents proving the deponent's identity
3. Related Correspondence: Copies of any relevant correspondence with law enforcement or legal authorities
4. Medical Records: Relevant medical records if the original complaint involved injury or health issues
5. Supporting Declarations: Any supporting statutory declarations from witnesses or other relevant parties
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