Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 24

Costs

24. Costs



(1) If there has been-

   (a)  any unreasonable act or omission by, or on behalf of, a party before
        the accused has been put in the charge of the jury that the court is
        satisfied resulted in prolonging the trial; or

   (b)  a departure referred to in section 15(1); or





   (c)  a failure by a party to comply with a requirement of this Act or an
        order made under this Act-

the court may make any order that it thinks fit with respect to the costs of
and incidental to the trial and, for this purpose, it has full power to
determine by whom, to whom and to what extent those costs are to be paid.

(2) An order under subsection (1) may be made on the application of a party or
by the court of its own motion.

(3) An order under subsection (1) may be made against-

   (a)  a party, whether the Crown or the accused; or

   (b)  a party's legal practitioner or, in the case of a legal practitioner
        who is employed by a law practice (within the meaning of the
        Legal Profession Act 2004), the law practice.

(4) The court must not make an order awarding costs against a party in the
exercise of its discretion under subsection (1) without giving that party a
reasonable opportunity to be heard.

(5) If the accused and the accused's legal practitioner have complied with the
requirements of this Act and any orders made thereunder and the hearing of a
criminal proceeding is-

   (a)  discontinued or adjourned; and

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

any indemnity certificate granted by the court under section 16 or 17 of the
Appeal Costs Act 1998 may include an indemnity certificate for the accused's
own costs incurred in consequence of a requirement imposed on the accused
under this Act.