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24 May 2018 / Alec Samuels
Issue: 7794 / Categories: Features , Costs
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Unsatisfactory & unfair?

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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