Criminal costs
Encyclopedia
Criminal costs are financial penalties awarded against convicted criminals, in addition to the sentence
they receive, in recognition of the costs of the court
in bringing the prosecution.
or Crown Court
may award such costs as are "just and reasonable" against an offender. Usually, these are much less than the full economic cost
of the prosecution as the court must consider the offender's ability to pay. An exception is the specific case of health and safety prosecutions
where the court will award the totality of prosecution costs against the offender.
Where an offender was allowed legal aid
for his defence, a Crown Court may make a Recovery of Defence Costs Order that he repay all or part of his defence costs.
An acquitted
defendant
will usually be allowed a Defendant's Costs Order to pay for his defence unless there are special circumstances such as his having acted in such an unreasonable manner as to bring suspicion on himself.
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
they receive, in recognition of the costs of the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in bringing the prosecution.
England and Wales
A Magistrates' CourtMagistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
or Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
may award such costs as are "just and reasonable" against an offender. Usually, these are much less than the full economic cost
Economic cost
The economic cost of a decision depends on both the cost of the alternative chosen and the benefit that the best alternative would have provided if chosen. Economic cost differs from accounting cost because it includes opportunity cost....
of the prosecution as the court must consider the offender's ability to pay. An exception is the specific case of health and safety prosecutions
Health and safety crime in the United Kingdom
In the United Kingdom there are several crimes that arise from failure to take care of health, safety and welfare at work.-Offences under the Health and Safety at Work etc. Act 1974:...
where the court will award the totality of prosecution costs against the offender.
Where an offender was allowed legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
for his defence, a Crown Court may make a Recovery of Defence Costs Order that he repay all or part of his defence costs.
An acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
will usually be allowed a Defendant's Costs Order to pay for his defence unless there are special circumstances such as his having acted in such an unreasonable manner as to bring suspicion on himself.