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Criminal Procedure Act 1986 No 209
Current version for 1 July 2020 to date (accessed 12 August 2020 at 08:32)
Division 11 Costs
116 When costs may be awarded to accused persons
(1) A Magistrate may at the end of committal proceedings order that the prosecutor pay professional costs to the registrar, for payment to the accused person, if—(a) the accused person is discharged as to the subject-matter of the offence or the matter is withdrawn, or(b) the accused person is committed for trial or sentence for an indictable offence which is not the same as the indictable offence the subject of the court attendance notice.(2) The amount of professional costs is to be the amount that the Magistrate considers to be just and reasonable.(3) The order must specify the amount of professional costs payable.(4) If the accused person is discharged, the order for costs may form part of the order discharging the accused person.(5) In this section—professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Magistrate.
117 Limit on circumstances when costs may be awarded against a public officer
(1) Professional costs are not to be awarded in favour of an accused person in any committal proceedings unless the Magistrate is satisfied as to any one or more of the following—(a) that the investigation into the alleged offence was conducted in an unreasonable or improper manner,(b) that the proceedings were initiated without reasonable cause or in bad faith or were conducted by the prosecutor in an improper manner,(c) that the prosecution unreasonably failed to investigate (or to investigate properly) any relevant matter of which it was aware or ought reasonably to have been aware and which suggested either that the accused person might not be guilty or that, for any other reason, the proceedings should not have been brought,(d) that, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award costs.(2) This section does not apply to the awarding of costs against a prosecutor acting in a private capacity.(3) In this section—professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Magistrate.
118 Costs on adjournment
(1) A Magistrate may in any committal proceedings, at his or her discretion or on the application of the prosecutor or an accused person, order that one party pay costs if the matter is adjourned.(2) An order may be made only if the Magistrate is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delay of the party against whom the order is made.(3) An order may be made whatever the result of the proceedings.
119 Content of costs orders
The order must specify the amount of costs payable or may provide for the determination of the amount at the end of the proceedings.
120 Enforcement of costs orders
An order made by a Magistrate under this Division for the payment of costs is taken to be a fine within the meaning of the Fines Act 1996.