Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 16

Application for indemnity certificate if criminal proceeding discontinued

16. Application for indemnity certificate if criminal proceeding discontinued



(1) If-

   (a)  the hearing of any criminal proceeding is discontinued; and

   (b)  the reason for the discontinuance was not attributable in any way to
        the act, neglect or fault of an accused or that accused's legal
        practitioner; and

   (c)  a new hearing or trial is ordered-

that accused may apply to the court before which the proceeding is
discontinued for, and the court may grant, an indemnity certificate in respect
of that accused's own costs of the discontinued proceeding.

(2) The court may only grant an indemnity certificate under subsection (1) if
it is satisfied that the reason for the discontinuance was as set out in
subsection (1)(b).

(3) An accused granted an indemnity certificate under subsection (1) who pays,
or is ordered to pay, any additional costs as a consequence of the order for a
new hearing or trial is entitled to be paid by the Board, on an application
made to it by the accused in the approved form, an amount equal to the
accused's own costs of the discontinued proceeding that the Board considers to
have been reasonably incurred and that have not been ordered to be paid by any
other party.







(4) For the purposes of this section, if in a criminal proceeding the
presiding judge or magistrate directs that the proceeding be discontinued
without ordering a new hearing or trial but with a view to another hearing or
trial based on the same facts, or facts of a similar character, being
conducted against the accused, a new hearing or trial is deemed to have been
ordered.