A more recent version of these Costs notes – written by City Law School students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
COSTS D's costs order (DCO) (Prosecution of Offences Act 1865 s16)
? DCO =
o D who is acquitted OR succeeds in appeal (a) may be awarded sum from central funds (govt) for expenses properly incurred by him in proceedings;
(b) may NOT be awarded D's legal costs (fees, disbursements inc. expert Ws) UNLESS:
i. condition A
? D = individual; ANDinformation NOT proceeded with / mags' dealing summarily with offence dismiss it; ORsuccessful appeal made to CC under MCA 1980 s108; ORinsanity / fitness to plead: CA allows appeal againstinsanity NG verdictfinding under Crim P (Insanity) Actorder made in cases of insanity /
unfitness to plead
ii. 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 AD = individual; ANDlegal costs incurred in following lower court:mags'; ORCC on appeal against conviction /
iii. condition C
? legal costs incurred in proceedings in SC
? the amount o may be: (c) full amount; OR (d) such amount court considers reasonably sufficient to compensate D; OR
(e) such lesser amount as court considers just and reasonable (LASPO 2012)
? D's entitlement to costs o under ECHR
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.