Victorian Current Acts

APPEAL COSTS ACT 1998 - SECT 14

S. 14(1) amended by No. 68/2009 s. 97(Sch. item 8.1).

    (1)     If an appeal to a superior court against a conviction for an indictable offence succeeds and the court quashes or sets aside the conviction, the appellant may, whether or not the court orders a new trial, apply to the court for, and the court may grant, an indemnity certificate in respect of costs.

    (2)     If, on an appeal referred to in subsection (1), the superior court orders a new trial, the appellant, in their application under that subsection for an indemnity certificate, may apply for the inclusion in that certificate of any additional costs that they will pay, or will be ordered to pay, as a consequence of the order for a new trial.

    (3)     An appellant granted an indemnity certificate under subsection (1) is entitled to be paid by the Board, on an application made to it by the appellant in the approved form—

        (a)     an amount equal to the appellant's own costs of the appeal; and

        (b)     any additional costs that the appellant pays, or is ordered to pay, as a consequence of the order for a new trial—

that the Board considers to have been reasonably incurred.

    (4)     In this section, "conviction" includes—

S. 14(4)(a) amended by No. 55/2014 s. 141(1).

        (a)     a finding under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ;

        (b)     a verdict of not guilty because of mental impairment;

        (c)     a finding of unfitness to stand trial.