DPP v Denning
| Jurisdiction | England & Wales |
| Date | 1991 |
| Court | House of Lords |
Queen's Bench Divisional Court
Before Lord Justice Nolan and Mr Justice Roch
Justices - notice of discontinuance - order for costs
Where a notice of discontinuance had been served upon justices pursuant to section 23(3) of the Prosecution of Offences Act 1985 they still had jurisdiction to make an order for defendants' costs under section 19 of the 1985 Act against the prosecution, for the notice of discontinuance merely brought the proceedings to an end in the same way a verdict would have brought them to an end but it left the normal jurisdiction of the court in the matter of costs unaltered.
Section 16 of the 1985 Act simply allowed the defendant to be reimbursed out of central funds for costs other than those incurred in court proceedings.
The word "improper" under section 19(1) of the 1985 Act did not necessarily connote some grave impropriety but it covered an act or omission which would not have occurred if the party concerned had conducted his case properly.
The Queen's Bench Divisional Court so held dismissing an appeal by the prosecution against a decision of the Hatfield Justices to make an order for the costs of Terence Denning once a notice of discontinuance had been served in proceedings alleging the use of an overloaded lorry.
Section 19 of the 1985 Act provides: "(1) The Lord Chancellor may by regulations make provision empowering magistrates courts … in any case where the court is satisfied that one party to proceedings has incurred costs as a result of the unnecessary or improper act omission by or on behalf of another party to the proceedings, to make an order as to the payment of those costs."
Mr Martin Field for the DPP; Mr William Coker for Mr Denning.
LORD JUSTICE NOLAN said that the justices did have jurisdiction to make an order for costs under section 19 of the 1985 Act against the prosecution even if a notice of discontinuance had been served upon the justices pursuant to section 23(7) of the 1985 Act.
For the purpose and effect of section 19(2)(a) of the 1985 Act and regulation 3(1) of the Costs in Criminal Cases (General) Regulations (SI 1986 No 1335) was not to vary the normal procedure by which a final order for costs would be made at the end of the proceedings, that is, upon reaching a verdict or a discontinuance notice having been served, but to give the court power to make an interim...
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