§ 14. Dr. Glynasked the Secretary of State for the Home Department whether he will introduce legislation to give power to examining justices to order the prosecutor to pay the whole or any part of the cost incurred in or about the defence, whether or not the examining justices 475W consider the charge was made in good faith.
§ Mr. Alexander W. LyonNo. There are two ways in which the defence can recoup its costs where the charge is dismissed. First, examining justices inquiring into any offence and determining not to commit the accused for trial already have the power, if they think fit, to order the costs of the defence to be paid out of central funds. Alternatively, if they determine not to commit for trial and are of the opinion that the charge was not made in good faith they may order the prosecutor to pay the whole of any part of the costs incurred in or about the defence. That is because it has so far not been considered justifiable to penalise in costs a prosecutor who has acted in good faith, but that does not mean that the defence in these circumstances necessarily have to pay their own costs.
§ 23. Sir J. Langford-Holtasked the Secretary of State for the Home Department whether he will introduce legislation to give magistrates power to award the costs of the defence against the prosecutor where an information charging an indictable offence is not proceeded with.
§ Mr. Alexander W. LyonSuch a power is already provided by Section 12(3) of the Costs in Criminal Cases Act 1973.