R v Maher and others

Date

15 February 1983

Legislation

Costs in Criminal Cases Act 1973, s.4.

Keywords

prosecution; criminal offences; costs

Counsel

Ian Dobkin, Stuart Shields QC, Gerald Gouriet, Stephen Batten, Rhys E Davies QC

Solicitors

Baldwin Mellor & Co

Judge

O'Connor LJ, Peter Pain J, Stuart-Smith J

Court

Criminal Court of Appeal

Reported

[1983] 2 All ER 418

Summary

This was an appeal against an order for costs. Costs awards were made against the appellants under Costs in Criminal Cases Act 1973 s.4 which empowers the court to order a guilty defendant to "pay the whole or any of the costs incurred in or about the prosecution or conviction, including any proceedings before the examining justices".

Decision

It was held that the costs chargeable under the Act were the costs incurred by or chargeable to the prosecutor. These did not include the overtime payments to or travelling expenses of the officers engaged in the investigation, the cost of providing security at the trial, the judge's lodgings or jury expenses, but did include counsel's fees, the DPP's costs and witnesses' expenses. A guilty plea is a factor to be taken into when deciding whether to make an order. An order for costs is not incompatible with a long prison sentence. Where a costs order is likely to be made, the prosecution should be in a position to give a realistic estimate of those costs.