Australian Capital Territory Current Acts

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MAGISTRATES COURT ACT 1930 - SECT 244

Costs in criminal matters

    (1)     The power of the court to award costs is subject to the following:

        (a)     if the court makes a conviction or order in favour of the informant—it may order that the defendant must pay to the informant the informant's costs;

        (b)     if the court dismisses the information, or makes an order in favour of the defendant—it may order that the informant must pay to the defendant the defendant's costs;

        (c)     if a matter is adjourned—the court may order that the costs of and caused by the adjournment be paid by any party to any other party;

        (d)     costs ordered to be paid—

              (i)     must be awarded in the way prescribed by regulation; and

              (ii)     may be recovered under the rules about the enforcement of judgments of the court in civil proceedings.

    (2)     Subject to any order of the court, the expenses of a person who attends at court to give evidence or to produce documents must be allowed to the person (whether or not they have been examined or produced documents and whether or not they were subpoenaed to attend).



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