Newcombe v Crown Prosecution Service: Admn 20 Jun 2013

The applicant had been charged with assault. On the day of the trial, the prosecution offered no evidence. The magistrate awarded costs from central funds, but limited it to the day of the hearing. The applicant appealed by case stated.
Held: Though the district judge had a discretion in making his order, such discetion had its limits, and the decision fell outside them: ‘The district judge imposed the restriction on entitlement to costs because in his view the Appellant had acted unreasonably in not indicating earlier than the day of the trial that he was prepared to be bound over to keep the peace.’ That view was untenable.

Hickinbottom J, Sir John Thomas P QBD
[2013] EWHC 2160 (Admin)
Bailii
England and Wales
Citing:
CitedEmohare v Thames Magistrates Court Admn 12-Mar-2009
The circumstances that lead to a defendant losing his entitlement to a defendant’s costs order if he is successful in his defence are narrow, to reflect the need to respect the presumption of innocence at common law and under Article 6 of the . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 18 November 2021; Ref: scu.514296