Western Australian Current Acts

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OFFICIAL PROSECUTIONS (ACCUSED'S COSTS) ACT 1973 - SECT 7

7 .         Partly successful accused may be awarded costs

        (1)         Subject to this Act, where a partly successful accused satisfies the court that he incurred additional costs by reason of being charged with an offence or offences in respect of which he was successful, the court may order that he is entitled to those costs.

        (2)         Before exercising the discretion conferred by subsection (1), the court may have regard to any of the circumstances referred to in paragraphs (a) to (c) inclusive of section 6 that exist in the case of the partly successful accused.

        (3)         Where the court makes an order pursuant to subsection (1), subsections (2) to (5) inclusive of section 5 apply to and in relation to the order with such modifications as are necessary.

        [Section 7 amended: No. 84 of 2004 s. 82.]



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