SENIOR COURTS COSTS OFFICE
Royal Courts of Justice London, WC2A 2LL |
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Crown Copyright ©
Costs Judge Rowley:
"The crux of MCL/04, is the operational control it holds over the drug line it has few contacts saved on the device and almost all sent messages of MK-based postcodes – this is what police infer is the recipient being directed to their next deal. It has clearly been used in order to put a barrier between numbers advertised to the general public, and that controlling those working for the group."
"This evidence needed to be considered carefully given his alleged possession of it and in consideration of when he was in active use of it and what his role was."
"If an exhibit is served, but in electronic form and in circumstances which come within paragraph 1(5) of Schedule 2, the Determining Officer (or, on appeal, the Costs Judge) will have a discretion as to whether he or she considers it appropriate to include it in the PPE. As I have indicated above, the LAA's Crown Court Fee Guidance explains the factors which should be considered. This is an important and valuable control mechanism which ensures that public funds are not expended inappropriately."
"…is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances." (Emphasis added)