XN000022-1995-10-20 — Page 15

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In the Magistrates Court, costs will be set at a ceiling of $15,000 unless they are agreed by the prosecution and the defence or the magistrate orders that they be assessed. Courts at all levels will be given a discretion to award costs in favour of a defendant where he is charged with multiple offences but acquitted of one or more offences.

On the issue of prosecution costs, the spokesman pointed out that the Bill provides for costs to be ordered in favour of the prosecution in summary proceedings, indictable proceedings, and where a judge or the Court of Appeal dismisses an unmeritorious appeal lodged by a defendant. Costs limit in the Magistrates Court will also be increased to $15,000, and if costs exceed that amount, they are to be assessed by an official of the court, unless agreed upon by the prosecution and the defence.

The liability for costs of a legally-aided defendant will not exceed his contribution paid or payable to the Director of Legal Aid towards the costs of his defence, the spokesman added.

The spokesman noted that at present, there are no provisions governing wasted costs in criminal cases, so that where loss or expense is caused to any person by the unjustified conduct of criminal litigation by either side's lawyer, there is no remedy.

For the maintenance of reasonable efficiency and competence of legal or other representatives and their employees, the Bill gives the court a discretion to order wasted costs against them.

To allay concern on the part of the legal profession that the interests of the legal representative may not be adequately protected, the Bill provides that no wasted costs order shall 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.

Other provisions of the Bill allow for appeal against orders for costs, application for the costs to be assessed, and review of cost assessments, as well as the making of rules and orders by the Chief Justice.

End/Friday, October 20, 1995