Western Australian Current Acts

OFFICIAL PROSECUTIONS (ACCUSED'S COSTS) ACT 1973 - SECT 6

6 .         Court may revoke or reduce accused’s entitlement to costs

                The court may order that a successful accused is not entitled to his costs or part thereof if —

            (a)         the court, having found the accused guilty, disposes of the charge without recording a conviction;

            (b)         he has done or caused to be done or has omitted or caused to be omitted something (other than an act or omission the subject of the charge) which was unreasonable in the circumstances and which contributed to the institution or continuation of the proceedings; or

            (c)         he has done or caused to be done or has omitted or caused to be omitted something during the course of proceedings or in the conduct of the defence or appeal calculated to prolong the proceedings unnecessarily or cause unnecessary expense.

        [Section 6 amended: No. 7 of 1974 s. 3; No. 49 of 1988 s. 56; No. 15 of 1991 s. 21; No. 78 of 1995 s. 96; No. 84 of 2004 s. 82.]