Costs in Criminal Cases Act 1976 (Tas)

Costs in Criminal Cases Act 1976

An Act to make provision for payment of costs in criminal cases to successful defendants; to amend the Justices Act 1959 ; and for matters incidental thereto [Royal Assent 15 December 1976]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title and commencement (1) This Act may be cited as the Costs in Criminal Cases Act 1976 . (2) This Act shall commence on a date to be fixed by proclamation.

2. Interpretation In this Act, unless the contrary intention appears – costs means expenses properly incurred by a defendant but does not include any expenses incurred by the State, Commonwealth, or any other body by way of legal aid to the defendant; defendant means any person charged with an offence; public officer means any person employed in any capacity in the public service of the State, and includes – (a) a police officer; and (b) a probation officer; State authority means any person or body of persons, whether incorporate or unincorporate, constituted, or established by or under any Act, or appointed by the Governor under the authority of any Act, to administer or control any department, business, or undertaking on behalf of the State.

3. Act to bind the Crown This Act binds the Crown.

4. Costs of successful defendant (1) Subject to this Act, where a person having been charged with an offence is discharged from the proceedings in respect thereof, that is to say, where – (a) he is acquitted of the offence; (b) the complaint charging him with the offence is dismissed or withdrawn; or (c) he is discharged upon an indictment for the offence – the court having the conduct of the proceedings may, upon the application of the defendant, order that he be paid in respect of his defence such costs as it thinks just and reasonable. (2) The court, in deciding whether to grant costs and the amount of any costs granted, shall have regard to all relevant circumstances and in particular to the following: (a) Whether the proceedings were brought and continued in good faith; (b) Whether proper steps were taken to investigate any matter coming to, or within, the knowledge of any person responsible for bringing or continuing the proceedings; (c) Whether the investigation into the offence was conducted in a reasonable and proper manner; (d) Whether the evidence as a whole would support a finding of guilt but the defendant is discharged from the proceedings on a technical point; (e) Whether the defendant is discharged from the proceedings because he established (either by the evidence of witnesses called by him or by cross examination of witnesses for the prosecution or otherwise) that he was not guilty. (3) No defendant shall be granted costs by reason only of the fact that he is acquitted of an offence, the complaint charging him with an offence is dismissed or withdrawn, or he is discharged upon an indictment. (4) No defendant shall be refused costs by reason only of the fact that the proceedings were properly brought and continued. (5) No defendant shall be refused costs by reason only of the fact that in the investigation of the offence with which he had been charged he remained silent or refused to assist in respect thereof.