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BPTC Law Notes BPTC Criminal Litigation Notes

Costs Notes

Updated Costs Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

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COSTS

D's costs order (DCO) (Prosecution of Offences Act 1865 s16)

  • DCO =

    • D who is acquitted OR succeeds in appeal

  1. may be awarded sum from central funds (govt) for expenses properly incurred by him in proceedings;

  2. may NOT be awarded D's legal costs (fees, disbursements inc. expert Ws) UNLESS:

  1. condition A

    • D = individual; AND

    • information NOT proceeded with / mags' dealing summarily with offence dismiss it; OR

    • successful appeal made to CC under MCA 1980 s108; OR

    • insanity / fitness to plead: CA allows appeal against

      • insanity NG verdict

      • finding under Crim P (Insanity) Act

      • order made in cases of insanity / unfitness to plead

  2. condition B - permits HC + CA to make DCO including D's legal costs, if dealing with appeal from proceedings in lower court which could've made DCO for D's legal costs under condition A

    • D = individual; AND

    • legal costs incurred in following lower court:

      • mags'; OR

      • CC on appeal against conviction / sentence

  3. condition C

    • legal costs incurred in proceedings in SC

  • the amount

    • may be:

  1. full amount; OR

  2. such amount court considers reasonably sufficient to compensate D; OR

  3. such lesser amount as court considers just and reasonable (LASPO 2012)

  • D's entitlement to costs

    • under ECHR

      • NO absolute right

      • BUT presumption that acquitted D should be awarded costs

      • refusal could breach presumption of innocence

    • generally

      • = discretionary

      • general rule: D awarded costs unless positive reasons for NOT

        • e.g. D's conduct brings suspicion on self AND misleads pros into thinking case stronger than is

  • rescinding a DCO

    • can only rescind if D pleads / is found G

  • DCO against legally aided D

    • pointless: legal aid pays costs

    • BUT if made, can get allowance for travelling + subsistence, as if W

Pros costs (Prosecution of Offences Act 1865 s17)

  1. costs out of central funds for private (NOT CPS etc) prosecutor

    • applies regardless of whether pros succeed

    • amount:

      1. full amount; OR

      2. such amount court considers reasonably sufficient to compensate him for expenses properly incurred; OR

      3. such lesser amount as court...

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