Where a prosecution was discontinued and the defendant applied for his costs, the court should need to hear oral evidence before deciding whether his actions had brought the complaint upon himself. It was proper to hear and rely upon prosecution material, but should look for some independent element supporting an allegation.
Citations:
Gazette 03-Nov-1999, Times 17-Nov-1999
Criminal Practice, Magistrates, Costs
Updated: 09 April 2022; Ref: scu.83814