How do you file a Magistrate’s Complaint?

The person submitting the “Complaint” should do so in a standard Magistrate’s Complaint form, accessible from the State Courts’ website.
The Complainant must affirm or swear to the truth and accuracy of the matters stated in the application form before a Magistrate. If the Magistrate is satisfied that the application is in order, the Magistrate may do the following:

1. Issue a Notice to both the Complainant and Respondent.
2. If the Respondent’s address or particulars are not available, the Magistrate may direct the Police to ascertain the particulars and thereafter issue a Notice to both the Complainant and Respondent.
3. Issue a Summons against the Respondent provided that the charge(s) are available.
4. Direct the Police to conduct an investigation into the Complaint.
5. Dismiss the Complaint.

If a Notice is issued to both the Complainant and the Respondent, the Crime Registry prepares a notice to inform parties of when a Criminal Mediation will take place. The Complainant must attend. Otherwise, the Magistrate (Judge) will strike out the Complaint.