QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE CRANSTON
|SNARESBROOK CROWN COURT||Defendant|
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Mr Piers Wauchope (instructed by CPS) attended to assist the court
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LORD JUSTICE PILL:
MR JUSTICE CRANSTON:
"(4) No account is to be taken under subsection (1) above of any of the following circumstances-
(b) hardship, other than exceptional hardship ..."
"Where a person is not tried for an offence for which he has been indicted, or in respect of which proceedings against him have been sent for trial or transferred for trial, or has been acquitted on any count in the indictment, the court may make a
defendant's costs order in his favour. Such an order should normally be made whether or not an order for costs between the parties is made, unless there are
positive reasons for not doing so. For example, where the defendant's own conduct has brought suspicion on himself and has misled the prosecution into thinking that the case against him was stronger than it was, the defendant can be left to pay his
own costs. The court when declining to make a costs order should explain, in open court, that the reason for not making an order does not involve any suggestion that the defendant is guilty of any criminal conduct but the order is refused because of the positive reason that should be identified."
"Even then it seems to me to be at least desirable that a short reason or reasons for the order should be given. The statement of the reason or reasons may be very brief indeed. The reason or reasons should simply be sufficient to indicate, both to the parties and to any court of review, why the order was made. However, a court of review will only interfere where ... an order is made with neither reasons nor any obvious explanation for the order. This court can, of course, only interfere where the court erred in principle" (para ).
"16. Further, where there are such positive reasons for not doing so, and the court decides not to make an order for costs in favour of the appellant, or for all his costs, the court should give short reasons for its decision. There may, of course, be many possible reasons why a court might properly refuse an application by a successful defendant, as Mr Barker recognised in argument. They include these two cases: first, the Crown Court might allow an appeal against sentence as an act of mercy to the appellant. That might, depending upon the circumstances, be a reason for refusing to order payment of his costs out of public funds. The second is a case where the advocate for the appellant wholly failed to put sufficient information before the justices, whether it be facts or a particularly important authority. All will depend upon the circumstances."
"The question is whether the sentence or order in question falls clearly outside the broad area of the lower court's sentencing discretion."