Charly Acquisitions Ltd v Immediate Records Inc

Date

15 August 2002

Legislation

Prosecution of Offences Act 1985, s.19

Keywords

prosecutions; criminal offences; costs

Counsel

R Rhodes QC, S Shafford-Michael, M Shorrock QC

Solicitors

Middleweeks, Manchester

Judge

Garland J

Court

Queen's Bench Division (Divisional Court)

Reported

unreported.

Summary

The Defendant made an interlocutory application for costs against the prosecutor under s.19 Prosecution of Offences Act 1985, on the grounds that it had dropped a charge because of insufficient evidence very late in the day.

The trial judge had discretion not to resolve the application at that stage, but he could not refuse to do so simply because it was an interlocutory application. He must exercise his discretion in the light of all the relevant circumstances.

Decision

The Application must be considered upon the basis of Reg 3 of Costs in Criminal Cases (General ) Regs 1986, DPP v Denning [1991] 2 QB 532 and R v Wood Green Crown Court ex parte DPP [1993]2 All ER 656.