‘Where a person is not tried for an offence for which he has been indicted, or in respect of which proceedings against him have been sent for trial or transferred for trial, or has been acquitted on any count in the indictment, the court may make a defendant’s costs order in his favour. Such an order should normally be made whether or not an order for costs between the parties is made, unless there are positive reasons for not doing so. For example, where the defendant’s own conduct has brought suspicion on himself and has misled the prosecution into thinking that the case against him was stronger than it was, the defendant can be left to pay his own costs. The court when declining to make a costs order should explain, in open court, that the reason for not making an order does not involve any suggestion that the defendant is guilty of any criminal conduct but the order is refused because of the positive reason that should be identified.’
Citations:
[2004] 1 WLR 2657
Jurisdiction:
England and Wales
Cited by:
Cited – Spiteri, Regina (On the Application of) v Basildon Crown Court Admn 19-Mar-2009
The driver had successfully appealed against his conviction at the Magistrates, the court finding that the officer had not shown that he had asked a required question. He now appealed against refusal of an award of costs, the court having said that . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Costs
Updated: 15 May 2022; Ref: scu.444595