Cost in criminal proceedings is different from civil law legal costs because they are “compensatory and designed to mollify the burden on those who suffer the obligation of having to establish that a prosecution is not well-founded”. Criminal Costs are also only allowed under certain NSW legislation. Those laws are:
The scope of this page, however, deals only with the award for costs per CPA as this piece of legislation predominately deals with cost applications in the Local Court for summary matters.
Section 213 of the CPA sets out when professional costs may be awarded to accused persons: The main thrust of that section is:
Section 214 (CPA) however places a limit on the award of professional costs to an accused person/s. That is to say costs will only be awarded if:
Note as set out above the costs amount to be awarded is as the court considers to be just and reasonable in the circumstances.
In addition to costs at the end of a criminal matter, cost may be awarded upon adjournment if the court is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delays of the party against whom the order is made.
Rep-Revive Criminal & Employment Lawyers® are fully versed on when one can make appropriate arguments for the award of professional costs. For specific advice in relation to this matter please contact Rep-Revive Criminal & Employment Lawyers®.