Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Subject to subsection (2) and section 77A, where the Court finds a defendant not guilty of any offence on a complaint or a complaint is withdrawn, it may order the complainant to pay to the defendant such costs as it thinks fit.
(2) The Court shall not make an order for costs under subsection (1) if:
(a) the defendant's actions or omissions in connection with the alleged offence were, in the opinion of the Court:
(i) unreasonable in the circumstances; and
(ii) contributed to the institution or continuation of the proceedings; or
(b) the defendant's actions or omissions during the course of the proceedings or in the conduct of the defence were, in the opinion of the Court, calculated to unnecessarily prolong the proceedings or cause unnecessary expense; or
(c) in the opinion of the Court, there was sufficient evidence to support a finding of guilt but the defendant was entitled to an acquittal because of a minor procedural irregularity.