header-logo header-logo

Costs for the acquitted defendant

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll