Paying Prosecution Costs and Recovering Defence Costs

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“The defendant can be ordered to pay prosecution costs when they are convicted and sentenced for an offence, are in breach of a court order, or lose an appeal.

Similarly, where an accused person is acquitted or is successful on an appeal, they can seek to recover the costs of their defence”

On this page …

Can costs be awarded in criminal cases?
Paying the Prosecution Costs
Recovering Defence Costs - Defendant’s Costs Order
Limitation on amount of defence costs

Can costs be awarded in criminal cases?

In criminal cases, as in most areas of the law, costs can be awarded against an unsuccessful party to the case. The defendant can be ordered to pay prosecution costs when they are convicted and sentenced for an offence, are in breach of a court order, or lose an appeal.

Similarly, where an accused person is acquitted or is successful on an appeal, they can seek to recover the costs of their defence, although (as set out below) the law severely, and unfairly, restricts the amount that can be recovered.