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.
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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
Relevant legal definitions
Deponent
Affidavit
Commissioner for Declarations
Justice of the Peace
Prosecution
Criminal Proceedings
Complaint
Original Incident
Law Enforcement Agency
Director of Public Prosecutions
Accused Person
Statutory Declaration
Oath
Affirmation
Witness
Coercion
Duress
Legal Capacity
Supporting Documentation
Private Prosecution
Public Interest
Victim
Complainant
Legal Proceedings
Court of Competent Jurisdiction
Affidavit
Commissioner for Declarations
Justice of the Peace
Prosecution
Criminal Proceedings
Complaint
Original Incident
Law Enforcement Agency
Director of Public Prosecutions
Accused Person
Statutory Declaration
Oath
Affirmation
Witness
Coercion
Duress
Legal Capacity
Supporting Documentation
Private Prosecution
Public Interest
Victim
Complainant
Legal Proceedings
Court of Competent Jurisdiction
Clauses
Identification
Declaration
Verification
Incident Description
Voluntary Action
Non-Coercion
Rights Acknowledgment
Legal Capacity
Future Rights
Confidentiality
Witness Attestation
Settlement Terms
Legal Advice Confirmation
Release of Liability
Jurisdiction
Authority
Severability
Entire Agreement
Amendment
Execution
Declaration
Verification
Incident Description
Voluntary Action
Non-Coercion
Rights Acknowledgment
Legal Capacity
Future Rights
Confidentiality
Witness Attestation
Settlement Terms
Legal Advice Confirmation
Release of Liability
Jurisdiction
Authority
Severability
Entire Agreement
Amendment
Execution
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Law Enforcement
Criminal Justice
Public Safety
Corporate Security
Risk Management
Insurance
Financial Services
Healthcare
Education
Relevant Teams
Legal
Compliance
Risk Management
Corporate Security
Human Resources
Administration
Governance
Regulatory Affairs
Relevant Roles
Legal Counsel
Compliance Officer
Risk Manager
Corporate Security Director
Human Resources Manager
Police Officer
Prosecution Officer
Court Registrar
Justice of the Peace
Commissioner for Declarations
Paralegal
Legal Administrator
Insurance Claims Manager
Victim Support Officer
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