The court was asked whether statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the European Convention of Human Rights.
Held: The inability of acquitted defendants in the Crown Court to recover (a) any of their privately incurred costs after 1 October 2012, or (b) only to recover their costs at legal aid rates from 27 January 2014, by virtue of section 16A of the 1985 Act is not incompatible with their Convention rights. There is no independent power at common law to order such costs to be paid from central funds.
Judges:
Burnett LJ, Goss J
Citations:
[2015] EWHC 130 (Admin)
Links:
Statutes:
Prosecution of Offences Act 1985 16 16A, European Convention on Human Rights 6 14
Jurisdiction:
England and Wales
Human Rights, Criminal Practice, Costs
Updated: 24 October 2022; Ref: scu.541917
