header-logo header-logo

10 June 2020 / Alec Samuels
Issue: 7890 / Categories: Features , Profession , Criminal , Costs
printer mail-detail

Costs for the acquitted defendant

22391
An acquitted defendant may find himself out of pocket. Alec Samuels discusses the options for recompense
  • 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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll