Practice Direction (Crime: Costs)
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1989 |
| Neutral Citation | [1989] EWHC J0526-3,[1989] EWHC J0526-4,[1989] EWHC J0526-1 |
| Judgment citation (vLex) | [1989] EWHC J0526-2 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 26 May 1989 |
[1989] EWHC J0526-1
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
The Lord Chief Justice of England (Lord Lane)
Mr. Justice Farquharson
and
Mr. Justice Potts
PRACTICE DIRECTION
COSTS IN CRIMINAL PROCEEDINGS
PART I: INTRODUCTION:
Scope:
1.1 This Direction shall have effect in the Crown Court, the Divisional Court of the Queen's Bench Divisiion and the Court of appeal Criminal Division where the Court in the exercise of its discretion considers an award of costs in criminal proceedings or deals with criminal legal aid costs and contributions.
Power to award Costs
1.2 The powers enabling a Court to award costs in criminal proceedings are contained in Part II of the Prosecution of Offences Act 1985 and in regulations made under sections 19 and 20 of that Act – The Costs in Criminal Cases (General) Regulations 1986.
1.3 Section 16 makes provision for the award of defence costs out of central funds. Section 17 provides for an award of costs to a private prosecutor out of central funds. Section 18 gives power to order a convicted defendant or unsuccessful appellant to pay costs to the prosecutor and section 19(1) and regulation 3 provide for awards of costs between parties where costs have been wasted.
1.4 The Court also has power under its inherent jurisdiction over officers of the Court to order a solicitor personally to pay costs incurred as a result of an unnecessary or improper act or omission and may give directions relating to legal aid costs and contributions. (The procedure to be followed is set out below at Part VIII.)
Extent of orders for costs from central funds
1.5 Where a court orders that the costs of a defendant, appellant or private prosecutor should be paid from central funds, the order will include the costs incurred in the proceedings in the lower courts unless for good reason the Court directs that such costs are not included in the order.
Amount of costs to be paid
1.6 Except where the Court has directed in an order for costs from central funds that only a specified sum shall be paid the amount of costs to be paid shall be determined by the appropriate officer of the Court. The Court may however order the disallowance of costs out of central funds not properly incurred or direct the determining officer to consider whether or not specific items have Deen properly incurred. The Court may also make observations regarding legal aid costs. The procedures to be followed when such circumstances arise are set out in this Direction.
1.7 Where the Court orders an offender to pay costs to the prosecutor, or orders one party to pay costs to another party, the order for costs must specify the sum to be paid.
1.8 Where the Court is required to specify the amount of costs to be paid, the Court cannot delegate the decision. Wherever practicable solicitors should provide counsel with details of costs incurred at each stage of the proceedings. The Court may however require the appropriate officer of the Court to make enquiries to inform the Court as to the costs incurred and may adjourn the proceedings for enquiries to be made, if necessary.
PART II: DEFENCE COSTS FROM CENTRAL FUNDS:
In the Crown Court
2.1 Where a person is not tried for an offence for which he has been indicted or committed 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 inter partes is made, unless there are positive reasons for not doing so. Examples of such reasons are:
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(a) the defendant's own conduct has brought suspicion on himself and has misled the prosecution into thinking that the case against him is stronger than it is;
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(b) there is ample evidence to support a conviction but the defendant is acquitted on a technicality which has no merit.
2.2 Where a person is convicted of some count(s) in the indictment but acquitted on others the Court may exercise its discretion to make a defendant's costs order but may order that only part of the costs incurred be paid. Where the Court considers that it would be inappropriate that the defendant recovers all of the costs properly incurred, the amount must be specified in the order.
2.3 The Court may make a defendant's costs order in favour of a successful appellant, see section 16(3).
In the Divisional Court of the Queen's Bench Division
2.4 The Court may make a defendant's costs order on determining proceedings in a criminal cause or matter.
In the Court of Appeal Criminal Division
2.5 A successful appellant under Part I of the Criminal Appeal Act 1968 may be awarded a defendant's costs order.
2.6 On determining an application for leave to appeal to the House of Lords under Part II of the Criminal Appeal Act 1968, whether by prosecutor or by defendant, the Court may make a defendant's costs order.
2.7 In considering whether to make such an order the Court will have in mind the principles applied by the Crown Court in relation to acquitted defendants (see para. 2.1 above).
PART III: PRIVATE PROSECUTOR'S COSTS FROM CENTRAL FUNDS:
3.1 There is no power to order the payment of costs out of central funds of any prosecutor who is a public authority, a person acting on behalf of a public authority, or acting as an official appointed by a public authority as defined in the Act. In the limited number of cases in which a prosecutor's costs may be awarded out of central funds, an application is to be made by the prosecution in each case. An order should be made save where there is good reason for not doing so, e.g. where proceedings have been instituted or continued without good cause.
PART IV: COSTS OF WITNESS, INTERPRETER OR MEDICAL EVIDENCE:
4.1 The costs of attendance of a witness required by the accused, a private prosecutor or the court, or of an interpreter required because of the accused's lack of English or of an oral report by a medical practicioner are allowed out of central funds unless the Court directs otherwise.
4.2 The Crown Court may order the payment out of central funds of such sums as appear to it to be reasonably sufficient to compensate any medical practitioner for the expenses, trouble or loss of time properly incurred in preparing and making a report on the mental condition of a person accused or murder: section 34(5) Mental Health (Amendment) Act 1982, section.
PART V: DISALLOWANCE OF COSTS OUT OF CENTRAL FUNDS:
5.1 Where the Court makes an order for costs out of central funds, it must
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(a) direct the appropriate authority to disallow the costs incurred in respect of any items if it is plain that those costs were not properly incurred; such costs are not payable under sections 16(6) and 17(1) of the Prosecution of Offences Act 1985,
and it may
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(b) direct the appropriate authority to consider or investigate on taxation any items which may have been improperly incurred.
Costs not properly incurred include costs in respect of work unreasonably done, e.g. if the case has been conducted unreasonably so as to incur unjustified expense, or costs have been wasted by failure to conduct proceedings with reasonable competence and expedition. The precise terms of the order for costs and of any direction must be entered in the court record.
5.2 Where the Court has in mind that a direction in accordance with paragraph 5.1(a) or (b) might be given it must inform any party whose costs might be affected or his legal representative of the precise terms thereof and give a reasonable opportunity to show cause why no direction should be given. This should normally be done in Chambers at such time as the Court thinks proper. If the Court decides to give a direction it may announce the decision in open court if it is of the opinion that it is in the interests of justice to do so. If a direction is given under paragraph 5.1(b) the Court should inform the party concerned of his rights to make representations to the appropriate authority.
5.3 The appropriate authority may consult the Court on any matter touching the allowance or disallowance of costs. It is not appropriate for the Court to make a direction under paragraph 5.1(a) when so consulted.
PART VI: AWARD OF COSTS AGAINST OFFENDERS AND APPELLANTS:
6.1 The Crown Court may make an order for costs against a person convicted of an offence before it, against an offender otherwise before it and against an unsuccessful appellant. The Court may make such an order payable to the prosecutor as it considers just and reasonable (section 18(1), rule 14).
6.2 The Court of Appeal Criminal Division may order an unsuccessful appellant to pay costs to such person as may be named in the order. Such costs may include the cost of transcript obtained for the proceedings in the Court of Appeal (section 18(2), (6)).
6.3 An order should be made where the Court is satisfied that the offender or appellant has the means and the ability to pay.
6.4 The amount must be specified in the order by the Court.
PART VII: AWARD OF COSTS INCURRED AS A RESULT OF UNNECESSARY OR IMPROPER ACT OR OMISSION:
7.1 The Crown Court and the Court of Appeal Criminal Division may order the payment of any costs incurred as a result of an unnecessary or improper act or omission by or on behalf of any party to the proceedings (section 19 and regulation 3 of the Costs in Criminal Cases (General) Regulations 1986).
7.2 The Court must hear the parties and may then order that all or part of the costs so incurred by one party shall be paid to him by the...
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