Ex parte Dove, R v Northallerton Magistrates Court

Date

25 May 1999

Legislation

Magistrates' Courts Act 1980

Keywords

criminal procedure; costs; sentencing

Counsel

Karen McHugh

Solicitors

Ivesons.

Judge

Lord Bingham of Cornhill, Ognall J.

Court

Queen's Bench Divisional Court

Reported

[1999] Crim.L.R. 760; Times, June 17, 1999

Summary

Application for judicial review of defendant's costs order. Order challenged as being disproportionate to the fine imposed.

Decision

The following principles were enunciated:

1. Sum of costs and fine not to exceed amount it is reasonable to order D to pay in light of his means.
2. Costs order not to exceed prosecution's actual and reasonable costs.
3. Purpose is compensation not punishment.
4. Appropriate fine should be fixed first.
5. In absence of disclosure by D of data regarding his financial position, reasonable inferences as to his means could be inferred from the evidence heard and all other circumstances of the case.
6. D must be given a fair opportunity to adduce relevant financial evidence and make submissions on the Order.
7. D should be given advance notice of any unusual or unconventional order.