Victorian Current Acts

APPEAL COSTS ACT 1998 - SECT 16

    (1)     If—

        (a)     the hearing of any criminal proceeding is discontinued; and

        (b)     the reason for the discontinuance was not attributable in any way to the act, neglect or fault of an accused or that accused's legal practitioner; and

        (c)     a new hearing or trial is ordered—

that accused may apply to the court before which the proceeding is discontinued for, and the court may grant, an indemnity certificate in respect of that accused's own costs of the discontinued proceeding.

    (2)     The court may only grant an indemnity certificate under subsection (1) if it is satisfied that the reason for the discontinuance was as set out in subsection (1)(b).

S. 16(3) amended by No. 38/2017 s. 23.

    (3)     An accused granted an indemnity certificate under subsection (1) who pays, or is ordered to pay, any additional costs as a consequence of the order for a new hearing or trial is entitled to be paid by the Board, on an application made to it by the accused in the approved form, an amount equal to the accused's own costs thrown away of the discontinued proceeding that the Board considers to have been reasonably incurred and that have not been ordered to be paid by any other party.

    (4)     For the purposes of this section, if in a criminal proceeding the presiding judge or magistrate directs that the proceeding be discontinued without ordering a new hearing or trial but with a view to another hearing or trial based on the same facts, or facts of a similar character, being conducted against the accused, a new hearing or trial is deemed to have been ordered.