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Section 194: When courts may order payment of costs

194.Award of costs

(1)A court may order the payment of costs in any of the following circumstances—

(a)to the prosecutor, whether public or private, by a person convicted of any offence by the court;

(b)to any person acquitted of any offence by the court, by the prosecutor, whether public or private, if the court considers that the prosecutor had no reasonable grounds for prosecuting that person;

(c)to the respondent by an appellant whose appeal fails if the appeal court considers that the appellant had no reasonable grounds on which to appeal;

(d)to an appellant by a respondent, on the success of an appeal if the court considers that the respondent had no reasonable grounds for contesting the appeal at the hearing of the appeal;

(e)to any person in any matter of an interlocutory nature, including a request for an adjournment, if that person has been put to any expense when in the opinion of the court the applicant had no reasonable or proper grounds for making the application;

(f)to any accused person where the prosecution against him or her has been withdrawn under section 121, by the prosecutor, if the court considers that the prosecutor had no reasonable grounds for prosecuting that person.

(2)Costs awarded under this section may be awarded in addition to any compensation awarded under section 195.

(3)Any court hearing an appeal relating to a matter other than costs may vary the order relating to costs made by the court from whose decision the appeal is made.

Plain English Summary

A court may order payment of costs only in the circumstances listed in this section. A convicted person may be ordered to pay the prosecutor's costs. ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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