Affidavit Of Non Prosecution Form Template for Australia

When you're involved in a criminal matter in Australia and wish to formally communicate that you no longer want to pursue prosecution, an Affidavit Of Non Prosecution Form provides the proper legal mechanism. This sworn statement allows you to officially document your position while ensuring compliance with Australian evidence laws and criminal procedure requirements.

When do you need this document?

You'll need an Affidavit Of Non Prosecution Form in situations where you were the original complainant or victim in a criminal matter but have decided not to support continued prosecution. This commonly occurs in domestic violence cases where parties reconcile, workplace disputes that are resolved privately, or minor criminal matters where you prefer restorative rather than punitive outcomes. The document is particularly important in private prosecution matters where you initiated proceedings yourself, though it's also used when police have laid charges based on your complaint.

Key legal considerations

Your affidavit must include comprehensive incident details, clear statements about your decision not to prosecute, and your reasons for this position. Remember that this document doesn't guarantee prosecution will cease—the Director of Public Prosecutions or police retain discretion to continue proceedings in the public interest. The affidavit must be truthful and complete, as false statements can result in perjury charges. Consider including details about any civil resolution, changed circumstances, or reconciliation that influenced your decision. You should also understand that making this affidavit doesn't prevent you from later changing your mind, though doing so may affect your credibility.

Legal requirements in Australia

Under the Evidence Act 1995 (Cth) and state-specific Oaths Acts, your affidavit must be properly sworn or affirmed before an authorized person such as a Justice of the Peace, Commissioner for Declarations, or legal practitioner. The document must include your full legal name, address, and occupation, plus detailed information about the original incident including dates, locations, and the nature of charges or complaints. State-specific Criminal Procedure Acts may impose additional requirements, particularly regarding victim impact considerations and notification procedures. The Statutory Declarations Act 1959 sets formal requirements for the witnessing process, including the authorized person's signature, stamp or seal, and date of witnessing. Some jurisdictions require notification to relevant prosecution authorities when such affidavits are filed.