Costs orders following private prosecutions
Produced in partnership with Hannah Laming and Emmy Ehrenberg-Shannon of Peters & Peters Solicitors LLP
Costs orders following private prosecutions

The following Corporate Crime practice note produced in partnership with Hannah Laming and Emmy Ehrenberg-Shannon of Peters & Peters Solicitors LLP provides comprehensive and up to date legal information covering:

  • Costs orders following private prosecutions
  • Key documents
  • Who can obtain costs in a private prosecution?
  • Private prosecutor’s costs from defendants
  • Private prosecutor’s costs from central funds
  • Defendant’s costs from the prosecution
  • Defence recovery of costs from central funds
  • Other cost orders
  • Wasted costs orders
  • Costs against third parties
  • More...

Costs orders following private prosecutions

Key documents

This Practice Note should be read in conjunction with the following documents:

  1. the Prosecution of Offences Act 1985 (POA 1985)

  2. the Costs in Criminal Cases (General) Regulations 1986 (1986 Regulations), SI 1986/1335

  3. the Practice Direction (Costs in Criminal Proceedings) 2015 [2015] EWCA Crim 1568, [2015] All ER (D) 132 (Sep), and

  4. the Criminal Procedural Rules 2020, SI 2020/759, Pt 45 (CrimPR)

Who can obtain costs in a private prosecution?

Private prosecutor’s costs from defendants

The prosecution’s costs can be ordered against the defendant in a private prosecution in the same circumstances as in a public prosecution, namely where:

  1. the defendant has been convicted of an offence by the magistrates’ court

  2. an appeal against conviction has been dismissed by the Crown Court

  3. the defendant has been convicted of an offence by the Crown Court

  4. an application to appeal against conviction has been refused by the Court of Appeal, or

  5. an appeal against conviction has been dismissed by the Court of Appeal

An order for costs against a defendant should be made where the court is satisfied that the defendant or appellant has the means and the ability to pay.

Under POA 1985, s 19 and regulation 3 of the 1986 Regulations, the prosecution can also recover costs from the defendant in cases before the magistrates’ court, Crown Court or Court of Appeal where costs have

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