- The duty of the state is to follow the rules and bring the guilty to conviction, but at the same time to protect the unconvicted and therefore innocent citizen.
The defendant was acquitted. His costs were considerable. A matter for judicial discretion, the court ordered costs in his favour. He then applied for a defendant’s costs order (DCO) from central funds (not the Crown Prosecution Service or the police).
The DCO
If costs were awarded, they would be capped at legal aid rates. Factors the court may take into account include the importance of the charge, the conduct of the defendant, whether he brought suspicion on himself, whether he misled the prosecution into thinking that the case against him was stronger than it really was, or whether he withheld relevant information. Were the costs actually, reasonably and properly incurred, and reasonable in amount? Would an order be appropriate, reasonable and just? Relevant authorities are the Prosecution of Offences Act 1985,
