Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 17

Application for indemnity certificate if criminal proceeding adjourned

17. Application for indemnity certificate if criminal proceeding adjourned



(1) If-

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

   (b)  the reason for the adjournment was not attributable in any way to the
        act, neglect or fault of a party accused or convicted of an offence to
        which the proceeding relates (whether that party is a defendant,
        appellant or respondent in the proceeding), or that party's legal
        practitioner-



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that party may apply to the court for, and the court may grant, an indemnity
certificate in respect of that party's own costs of the adjournment for the
day on which the adjournment is granted and, if appropriate, the next day on
which the court sits.

(2) The court may only grant an indemnity certificate under subsection (1) if
it is satisfied that-

   (a)  it is inappropriate to make an order for costs against any party or
        any other person; and

   (b)  the reason for the adjournment was as set out in subsection (1)(b).

(3) A party granted an indemnity certificate under subsection (1) is entitled
to be paid by the Board, on an application made to it by that party in the
approved form and on proof being provided by that party of the costs that have
been incurred, an amount equal to that party's own costs of the adjournment,
to the maximum, if any, specified under subsection (5), in respect of the day
or days referred to in the indemnity certificate, 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, a criminal proceeding is deemed to have
been adjourned if the court hearing the proceeding, the informant or the
Director of Public Prosecutions (as the case may be) notifies the party
accused or convicted of an offence (whether that party is a defendant,
appellant or respondent in the proceeding) to which the proceeding relates or
their legal practitioner that a date has been fixed for the hearing of the
proceeding, and the proceeding is not listed for hearing on that day.

(5) The Attorney-General may, by order published in the Government Gazette,
specify the maximum amount payable by the Board for each day in respect of
which an indemnity certificate has been granted under this section.

(6) An order made under subsection (5)-

   (a)  may be of general or limited application;

   (b)  may differ according to differences in time, place or circumstance.