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It also gives courts at all levels a discretion to award costs in favour of a defendant where he is charged with multiple offences but is acquitted of one or more of them, he said.
Mr Mathews pointed out that the Bill also empowered the Court of Appeal to award costs to a defendant where it substituted on appeal a sentence substantially at variance with that passed by the court below.
The reason is that although such costs may not have been occasioned through any fault of the prosecution, but rather because the trial judge imposed an inappropriate sentence, the defendant should not be left out of pocket when he has been obliged to appeal against a sentence which is held to be flawed.
In respect of prosecution costs, Mr Mathews said the Bill provided for costs to be ordered in favour of the prosecution in summary proceedings, indictable proceedings, and where a judge or the Court of Appeal dismissed an unmeritorious appeal lodged by a defendant.
However, the liability for costs of a legally-aided defendant should not exceed his contribution paid or payable to the Director of Legal Aid towards the costs of his defence.
On the issue of wasted costs, Mr Mathews noted that the Bill arms the courts with the power to prevent persons from suffering losses and expenses as a result of unjustifiable conduct on the part of lawyers by enabling them to order the legal or other representative to pay the whole or part of wasted costs.
In order to allay the concern that the interests of the legal or other representatives might not be adequately protected if the court intends to order wasted costs against them, the Bill provides that no wasted costs order should be made unless the legal or other representative concerned has been given a reasonable opportunity to appear before the court to show cause why the order should not be made.
court.
The Bill also provides for avenues for appeals against costs orders made by the
Mr Mathews said: "Where any of the parties to the proceedings is not satisfied with an order for costs, he or she can appeal against that order, or apply for those costs to be assessed by the court, or apply for a review of that assessment."
End/Thursday, November 2, 1995