HC Deb 20 November 1973 vol 864 cc396-7W
Mr. Clinton Davis

asked the Secretary of State for the Home Department (1) in how many cases tried at Crown courts in England and Wales since July 1973, and in which courts, successful defendants were refused an order for costs out of public funds;

(2) in how many cases tried at Crown courts in the Greater London area since July 1973, and in which courts, successful defendants were refused an order for costs out of public funds;

(3) if he will publish in the OFFICIAL REPORT a resume of the grounds on which successful defendants, tried at Crown courts in England and Wales since July 1973, were refused an order for costs out of public funds;

(4) if he will publish a resume of the grounds on which successful defendants, tried at Crown courts in the Greater London area since July 1973, were refused an order for costs out of public funds.

Mr. Carlisle

This information is not available.

Mr. Clinton Davis

asked the Secretary of State for the Home Department if he will make a statement on the efficiency of the practice direction to Crown courts given by the Lord Chief Justice in July that, save for certain specific exceptions, successful defendants should not have to pay their costs.

Mr. Carlisle

I assume that the hon. Member has in mind the practice direction given by the Lord Chief Justice on 5th June 1973, that when a court has power to award costs out of central funds it should do so in favour of a successful defendant unless there are positive reasons—of which the direction gave examples—for making a different order. I have no reason to believe that the direction is not being observed.