Title: Applications for costs after unsuccessful prosecutions
Abstract: The aim of this paper is to equip criminal lawyers to make an application for professional costs incurred by an accused person to be paid by the state, upon a criminal charge being withdrawn by the prosecution or dismissed by the court. It has been my experience that many lawyers are unaware of the statutory provisions that can be relied upon by an advocate for an accused person when charges brought against him by the prosecution are either withdrawn by the prosecution or dismissed by the court that will result in an accused person obtaining an order for costs. Legal fees incurred in defending criminal cases are often substantial. It therefore follows that, in discharging one's professional duty to a client, it is necessary that the criminal law practitioner be thoroughly conversant with the circumstances in which he or she can make an application for costs and, further, be aware of the statutory provisions and decided cases that are applicable in ensuring that an application for costs is properly prepared and presented to a court.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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