Western Australian Current Acts Western Australian Current Acts (1) Subject to the
Official Prosecutions (Accused’s Costs) Act 1973 and this section, a
successful party to a prosecution is entitled to the party’s costs.
(2) If a court
convicts an accused of a charge, the court may order the accused to pay all or
a part of the prosecutor’s costs.
(3) The amount of
costs ordered under subsection (2) may be determined in accordance with the
relevant determination made under the Legal Profession Uniform Law
Application Act 2022 section 133 for the purposes of the Official Prosecutions
(Accused’s Costs) Act 1973 and with the
Legal Profession Uniform Law Application Act 2022 section 141.
(4) A court may reduce
the costs that it would otherwise have awarded, or refuse to award costs,
under this section to a party if —
(a) any
act or omission of or caused by the party (other than an act or omission that
is the subject of a charge) was unreasonable in the circumstances and
contributed to the institution or continuation of the case; or
(b) any
act or omission of or caused by the party during or in the conduct of the case
was calculated to prolong the case unnecessarily or cause unnecessary expense.
(5) The court may
adjourn an application for costs, or the determination of the amount of costs
to be paid.
(6) A question
adjourned under subsection (5) is to be dealt with by a magistrate and may be
dealt with in chambers.
[Section 67 amended: No. 21 of 2008 s. 657(7); No.
9 of 2022 s. 424.]