Prosecution costs
Prosecution costs

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Prosecution costs
  • The power to award prosecution costs
  • Private prosecution costs from central funds
  • Costs orders made against defendants
  • Notice to the defendant of the intention to apply for costs
  • Determining the appropriate amount of costs order against a defendant
  • The relevance of the defendant's means
  • The relevance of electing for trial in the Crown Court
  • The relevance of a guilty plea
  • The relevance of convictions on only some of the counts faced
  • More...

The power to award prosecution costs

There are several ways in which a prosecutor may obtain an order covering their costs of bringing a prosecution:

Private prosecution costs from central funds

The court has the power to order the payment out of central funds of the amount that the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred in any proceedings in respect of an indictable offence, and in any proceedings before a Divisional Court of the Queen's Bench Division or the Supreme Court in respect of a summary offence. But this is not applicable where the prosecutor is a public authority therefore it is only available to private prosecutors.

Where the court does not specify the amount to be paid, the quantum will be set in accordance with procedures specified in the Costs in Criminal Cases (General) Regulations 1986, SI 1986/1335 issued in accordance with POA 1985, s 20.

A determining officer in the Senior Courts Costs Office (SCCO) will assess (or tax) the costs, with an avenue of appeal within the SCCO to a costs judge. An appeal from this decision lies to the High Court where the costs judge certifies a point of principle of general importance.

Even where a costs judge refuses to certify a point of principle of general importance, a further right of review lies to the High Court

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