Costs orders following private prosecutions


Produced in partnership with Hannah Laming and Emmy Ehrenberg-Shannon of Peters & Peters Solicitors LLP
Practice notes

Costs orders following private prosecutions


Produced in partnership with Hannah Laming and Emmy Ehrenberg-Shannon of Peters & Peters Solicitors LLP

Practice notes
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Key documents

This Practice Note should be read in conjunction with the following legislation and Practice Direction:

  1. •

    Prosecution of Offences Act 1985 (POA 1985)

  2. •

    Costs in Criminal Cases (General) Regulations 1986 (1986 Regulations), SI 1986/1335

  3. •

    Practice Direction (Costs in Criminal Proceedings) 2015 [2015] EWCA Crim 1568 (as amended), and

  4. •

    Criminal Procedural Rules 2020 (CrimPR), SI 2020/759, Pt 45

Who can obtain costs in a private prosecution?

Private prosecutor’s costs from defendants

The prosecution’s costs can be ordered against the defendant in a private prosecution in the same circumstances as in a public prosecution, namely where:

  1. •

    the defendant has been convicted of an offence by the magistrates’ court

  2. •

    an appeal against conviction has been dismissed by the Crown Court

  3. •

    the defendant has been convicted of an offence by the Crown Court

  4. •

    an application to appeal against conviction has been refused by the Court of Appeal, or

  5. •

    an appeal against conviction has been dismissed by the Court of Appeal

An

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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