New South Wales Consolidated Acts
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CRIMINAL PROCEDURE ACT 1986 - SECT 214
Limit on award of professional costs to accused person against prosecutor acting in public capacity
(1) Professional costs are not to be awarded in favour of an accused person in
summary proceedings unless the court is satisfied as to any one or more of the
following-- (a) that the investigation into the alleged offence was conducted
in an unreasonable or improper manner,
(b) that the proceedings were
initiated without reasonable cause or in bad faith or were conducted by the
prosecutor in an improper manner,
(c) that the prosecutor unreasonably failed
to investigate (or to investigate properly) any relevant matter of which it
was aware or ought reasonably to have been aware and which suggested either
that the accused person might not be guilty or that, for any other reason, the
proceedings should not have been brought,
(d) that, because of other
exceptional circumstances relating to the conduct of the proceedings by the
prosecutor, it is just and reasonable to award professional costs.
(2) This
section does not apply to the awarding of costs against a prosecutor acting in
a private capacity.
(3) An officer of an approved charitable organisation
under the Prevention of Cruelty to Animals Act 1979 is taken not to be acting
in a private capacity if the officer acts as the prosecutor in any proceedings
under that Act or section 9 (1) of the Veterinary Practice Act 2003 .
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