Reclaiming the legal costs of defence
People who have successfully defended charges brought against them by police in the Magistrates’ Court can claim their legal costs from the police. The power to award costs in criminal matters in the Magistrates’ Court is contained in sections 400–403 of the CP Act. However, successful defendants will probably be unable to claim costs if they did not use the opportunity to explain their version of events before the charge was laid. Suspects intending to exercise the right to say nothing when interviewed should consider that it is unlikely that they will be able to claim costs if they successfully defend all charges brought against them.
Generally, successful defendants in the County and Supreme Courts are unable to claim their costs. However, a costs order can be made against a party in those courts if the court is satisfied they were responsible for unreasonably prolonging the trial or the party failed to comply with pre-trial direction s (CP Act s 404).
A legal practitioner in a criminal proceeding found to have incurred costs improperly, or without reasonable cause, or caused waste by undue delay or negligence, may be ordered to pay costs. This can include making a repayment to their client (CP Act s 410).
Reclaiming the legal costs of defence
Chapter: 3.4: Sex work
Contributor: Gregory Connellan, Magistrate, Magistrates’ Court of Victoria
Current as of: 1 September 2024
Law Handbook Page: 174
Next Section: 3.6: How bail works
