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JUSTICES ACT 1886 - SECT 102C
Application for dismissal of frivolous or vexatious complaints
102C Application for dismissal of frivolous or vexatious complaints
(1) At any time before evidence is led as to the facts of a charge contained
in a private complaint the defendant may make application for an order of a
magistrate that the complaint be dismissed on the ground that it is— (a) an
abuse of process; or
(b) frivolous; or
(c) vexatious.
(1A) Such application
may be made orally to the magistrate before whom is the matter of the
complaint, or in writing filed with the clerk of the court at the place where
the complaint is filed.
(1B) Upon receipt of such an application the clerk of
the court shall refer the same to a magistrate at the place where the
application is filed or at the nearest place at which a magistrate attends and
shall inform the complainant and the defendant of the place and time appointed
for hearing the matter of the application, by advice signed by the clerk and
given to each of them or sent by post to the address of each of them last
known to the clerk.
(1C) Where an application is made orally under subsection
(1A) in the absence of the complainant, the clerk of the court at the place
where the application is made shall inform the complainant of the place and
time appointed for hearing the matter of the application by advice signed by
the clerk of the court and given to the complainant or sent by post to the
complainant at the complainant’s address last known to the clerk.
(2) Where
an application under subsection (1) is made the complainant shall be required
to give security, in such manner and in such amount as the magistrate to whom
the application is made or referred may order, that the complainant will pay
to the defendant such costs incurred by the defendant on the application as
the magistrate who determines the matter of the application may order the
complainant to pay.
(2A) If a complainant ordered to give security for costs
does not comply with the order within the time specified therein or, if no
time is specified, within a reasonable time the magistrate before whom the
matter of the application is brought shall order that the complaint to which
the application relates be struck out.
(3) Upon the hearing of an application
made under subsection (1) — (a) the matter shall be heard in camera; and
(b) the magistrate shall consider all relevant evidence led before the
magistrate, and all relevant written material duly exhibited or otherwise
produced before the magistrate, and the submissions made before the magistrate
by the complainant and the defendant or either of them; and
(c) the onus
shall be on the defendant to prove on the balance of probabilities the ground
on which the application is made.
(4) An application made under subsection
(1) may be heard and disposed of in the absence of the complainant or the
defendant.
(5) If upon an application made under subsection (1) the
magistrate dismisses a private complaint or orders that a private complaint be
struck out pursuant to subsection (2A) the magistrate may award to the
defendant such costs as to the magistrate seem just and reasonable but, if the
magistrate does not dismiss the complaint or order it to be struck out as
aforesaid, the magistrate may award to the complainant such costs as to the
magistrate seem just.
(6) Such costs awarded shall constitute a debt due and
owing by the person against whom they are awarded to the person to whom they
are awarded and may be recovered by action in a court of competent
jurisdiction.
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