R v Jackson (Patrick) and Olding (Stuart) (Application for Costs)
| Jurisdiction | Northern Ireland |
| Judge | Her Honour Judge Smyth |
| Judgment Date | 14 December 2018 |
| Neutral Citation | [2018] NICC 20 |
| Court | Crown Court (Northern Ireland) |
| Date | 14 December 2018 |
1
Neutral Citation No: [2018] NICC 20
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref:
Delivered: 14/12/2018
IN THE CROWN COURT SITTING AT BELFAST
________
R
-v-
PATRICK JACKSON AND STUART OLDING
(APPLICATIONS FOR COSTS)
________
Her Honour Judge Smyth
Introduction
[1] These are defence applications for costs orders against the Public
Prosecution Service following the defendants’ unanimous acquittals by a jury on
counts of rape. Mr Jackson seeks the recovery of all costs incurred as a
consequence of the trial. Mr Olding seeks the costs incurred up to 19th February
2018 when he was granted legal aid.
[2] The applications are brought pursuant to section 3 of the Costs in
Criminal Cases Act (Northern Ireland) 1968. Section 3 provides:
“Costs of defence in cases of acquittal, dismissal or
discharge.
3. - (1) Subject to the provisions of this section and of
section 6, any court before which a person is
prosecuted or tried (including a magistrates' court
conducting the preliminary investigation of an
indictable offence), if -
(a) the accused is acquitted; or
(b) the charge is dismissed, withdrawn or struck
out; or
(c) in the case of a magistrates' court conducting
the preliminary investigation of an indictable
offence or a judge of the Crown Court
2
conducting a preparatory hearing under the
Criminal Justice (Serious Fraud) (Northern
Ireland) Order 1988, the accused is discharged;
may-
(i) in the case of proceedings to which
section 1(1) applies, order the Director of
Public Prosecutions; and
(ii) in any other case, order the prosecutor;
to pay to the accused the whole or any part of the
costs of the defence.
(2)…
(2A) ….
(3) The costs of the defence mentioned in
subsection (1) shall, subject to subsection (4) and to
rules pursuant to section 7, be such sums as appear to
the court reasonably sufficient to compensate the
accused for the expenses properly incurred by him. in
carrying on the defence (including, in the case of a
trial, any proceedings preliminary or incidental to
such trial) and to compensate any witness for the
defence for the expense, trouble or loss of time
properly incurred in, or incidental to, his attendance
to give evidence.
(4)…..
(5)…..
(6)…..
(7)…..”
[3] The core issue is in regard to the factors that should weigh upon the
exercise of the court’s discretion to award defence costs and its exercise in this
particular case. Section 3 provides no guidance on this issue, nor is there any
reported case law in Northern Ireland. Section 2 of the Act also gives the court a
discretion to award prosecution costs on conviction but Valentine (Criminal
Procedure in Northern Ireland, second edition) states that the normal practice in
Northern Ireland is that in police prosecutions, no costs are awarded to either
party on conviction or acquittal.
[4] Valentine summarises the relevant considerations at paragraph 21.07 as
follows:
“The ECHR does not guarantee a defendant who has been
acquitted the right to his costs, but for a court to refuse
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Háigithe- Trácht ar Conas Coinbhinsiúin na Háige a Leasú ar Maitheas Íospartaithe Foréigean Baile
...to Help Victims and Vulnerable Witnesses in Sexual Violence Cases (Rialtas na hÉireann 2020). 85 R v Patrick Jackson and Stuart Olding [2018] NICC 20. 86 Roinn Dlí agus Cirt agus Comhionannais (n 84). 87 Roinn Dlí agus Cirt agus Comhionannais (n 84). 88 Roinn Dlí agus Cirt agus Comhionannai......