header-logo header-logo

24 May 2018 / Alec Samuels
Issue: 7794 / Categories: Features , Costs
printer mail-detail

Unsatisfactory & unfair?

nlj_7794_samuels

Defendants’ costs orders: the principles, by Alec Samuels

The defendant was acquitted. He was ineligible for legal aid. His costs were considerable. He applies for a defendant’s costs order (DCO) from central funds (not the Crown Prosecution Service or the police). The matter lies within the discretion of the judge. We live in an age of austerity. If costs are awarded they are capped at legal aid rates. Factors the judge may take into account include the importance of the charge, whether the defendant 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. Would an order be appropriate, reasonable and just? The Prosecution of Offences Act 1985, as amended, ss 16 and 16A, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), s 62 and sch 7. R (Henderson) v Secretary of State for Justice [2015] EWHC 130 (Admin), [2015] 1 Cr App

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll