{"id":"official-prosecutions-defendants-costs-act-1973","name":"Official Prosecutions (Defendants' Costs) Act 1973","slug":"official-prosecutions-defendants-costs-act-1973","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105895,"registerId":"wa-official-prosecutions-defendants-costs-act-1973-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Official Prosecutions (Defendants' Costs) Act 1973","content":"![Crest]()Western Australia\n\nOfficial Prosecutions (Accused’s Costs) Act 1973\n\nWestern Australia\n\nOfficial Prosecutions (Accused’s Costs) Act 1973\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Application 1\n\n4. Interpretation 2\n\n5. Successful accused entitled to costs 3\n\n6. Court may revoke or reduce accused’s entitlement to costs 4\n\n7. Partly successful accused may be awarded costs 5\n\n8. Question of costs may be adjourned to chambers 5\n\n9. Payment of costs ordered 5\n\nNotes\n\nCompilation table 7\n\nOther notes 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nOfficial Prosecutions (Accused’s Costs) Act 1973\n\nAn Act to amend the law relating to the payment of costs to accused persons in official prosecutions and for incidental purposes.\n\n[Long title amended: No. 2 of 2008 s. 67.]\n\n##### 1. Short title\n\nThis Act may be cited as the *Official Prosecutions (Accused’s Costs) Act 1973*.\n\n[Section 1 amended: No. 84 of 2004 s. 82.]\n\n##### 2. Commencement\n\nThis Act shall come into operation on a date to be fixed by proclamation.\n\n##### 3. Application\n\n(1) Except as otherwise provided by this section, this Act applies notwithstanding the provisions of or under any other Act, or of or under any rule of court practice.\n\n(2) To the extent of any inconsistency between a provision of this Act and a provision of or under any other Act, or of or under any rule of court practice, the provision which is more favourable to the accused prevails.\n\n(3) This Act binds the Crown.\n\n[Section 3 amended: No. 84 of 2004 s. 82.]\n\n##### 4. Interpretation\n\n(1) In this Act unless the contrary intention appears —\n\n  accused means a person charged with an offence in an official prosecution;\n\n  appeal means an appeal against a decision of a summary court given in an official prosecution;\n\n  appeal court means a court hearing an appeal against a decision of a summary court given in an official prosecution;\n\n  costs means any expenses that —\n\n(a) are properly incurred by an accused in an official prosecution; and\n\n(b) are due and payable, or paid, by the accused to another person or as court fees;\n\n  court includes a summary court and an appeal court;\n\n  official prosecution means proceedings in a summary court against a person charged with an offence by a public official acting or purporting to act by virtue of his office, and includes proceedings on appeal therefrom;\n\n  public official means a Minister of the Crown, a person employed in the Public Service of the State, a member of the Police Force, or a person employed by a local government or any other statutory body and includes any person acting as agent of or under the instructions of such a person or body;\n\n  section means a section of this Act; and\n\n  summary court means the Magistrates Court or the Children’s Court.\n\n(2) An accused —\n\n(a) subject to paragraph (c), is successful if —\n\n(i) he is acquitted of the charge, other than on account of mental impairment;\n\n(ii) he is discharged from the charge under section 128(2) or (3) of the *Criminal Procedure Act 2004*;\n\n(iii) the charge is dismissed for want of prosecution; or\n\n(iv) his conviction of the charge is set aside;\n\n(b) is partly successful if —\n\n(i) he is convicted of a lesser offence than that with which he was charged; or\n\n(ii) he is charged with several offences in the one prosecution notice and is successful in respect of one or some of them;\n\n(c) is not successful if the charge is of an indictable offence and is dismissed for want of prosecution by the summary court —\n\n(i) if section 5 of *The Criminal Code* applies to the charge — before the summary court decides under that section that the charge is to be tried on indictment; or\n\n(ii) otherwise — before the summary court commits him for trial or sentence on the charge.\n\n[Section 4 amended: No. 49 of 1988 s. 55; No. 14 of 1996 s. 4; No. 59 of 2004 s. 141; No. 84 of 2004 s. 56, 80, 82 and 86; No. 10 of 2023 s. 412.]\n\n##### 5. Successful accused entitled to costs\n\n(1) Subject to this Act, a successful accused is entitled to his costs.\n\n(2) Where an accused is successful by reason of a decision of the summary court only, the summary court shall make an order as to the amount of his costs therein but the accused is not entitled to those costs unless and until the time for appeal therefrom has expired or an appeal therefrom is resolved in his favour.\n\n(3) Where an accused is successful by reason of a decision of the appeal court, the appeal court shall make an order as to the amount of his costs in the appeal court.\n\n(4) Where an accused is successful by reason of the appeal court reversing a decision of the summary court, the appeal court shall make an order as to the amount of the costs in the appeal court and in the summary court.\n\n(5) The amount of costs ordered, other than court fees, shall be in accordance with the scale fixed from time to time by a legal costs determination made under the *Legal Profession Uniform Law Application Act 2022* section 133.\n\n[Section 5 amended: No. 29 of 1997 s. 4; No. 65 of 2003 s. 54; No. 84 of 2004 s. 82; No. 21 of 2008 s. 686; No. 9 of 2022 s. 424.]\n\n##### 6. Court may revoke or reduce accused’s entitlement to costs\n\nThe court may order that a successful accused is not entitled to his costs or part thereof if —\n\n(a) the court, having found the accused guilty, disposes of the charge without recording a conviction;\n\n(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\n\n(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.\n\n[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.]\n\n##### 7. Partly successful accused may be awarded costs\n\n(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.\n\n(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.\n\n(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.\n\n[Section 7 amended: No. 84 of 2004 s. 82.]\n\n##### 8. Question of costs may be adjourned to chambers\n\nThe court may adjourn to chambers the question of costs, or the amount thereof, under this Act to enable the making of submissions and the tendering of evidence, including affidavit evidence, on that question.\n\n##### 9. Payment of costs ordered\n\nWhere costs are ordered under this Act —\n\n(a) if the public official a party to the proceedings is a Minister of the Crown, a person employed in the Public Service of the State, a member of the Police Force, or any other person acting as agent of or under the instructions of such a person, the Clerk or Registrar, as the case requires, of the court shall give to the accused a certificate signed by the Clerk or sealed with the Seal of the court, as the case requires, showing the amount of the costs ordered and on production of the certificate to the Treasurer, the accused shall be paid such costs out of the Consolidated Account; or\n\n(b) if the public official a party to the proceedings is a person employed by a local government or any other statutory body, or is any other person acting as agent of or under the instructions of such a person or body, the costs shall be ordered against that body and shall be paid by it to the accused, and shall be recoverable as a civil debt.\n\n[Section 9 amended: No. 6 of 1993 s. 13; No. 14 of 1996 s. 4; No. 84 of 2004 s. 82; No. 77 of 2006 s. 4.]\n\n[**10.** Deleted: No. 65 of 1987 s. 41.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Official Prosecutions (Accused’s Costs) Act 1973* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Official Prosecutions (Defendants’ Costs) Act 1973* 1 | 46 of 1973 | 6 Nov 1973 | 25 Jan 1974 (see s. 2 and *Gazette* 25 Jan 1974 p. 179) |\n| *Official Prosecutions (Defendants’ Costs) Act Amendment Act 1974* | 7 of 1974 | 19 Sep 1974 | 8 Nov 1974 (see s. 2 and *Gazette* 8 Nov 1974 p. 4973) |\n| **Reprint of the *Official Prosecutions (Defendants’ Costs) Act 1973* approved 23 May 1983** (includes amendments listed above) | | | |\n| *Acts Amendment (Legal Practitioners Costs and Taxation) Act 1987* Pt. XIV | 65 of 1987 | 1 Dec 1987 | 12 Feb 1988 (see s. 2(2) and *Gazette* 12 Feb 1988 p. 397) |\n| *Acts Amendment (Children’s Court) Act 1988* Pt. 8 | 49 of 1988 | 22 Dec 1988 | 1 Dec 1989 (see s. 2 and *Gazette* 24 Nov 1989 p. 4327) |\n| *Children’s Court of Western Australia Amendment Act (No. 2) 1991* s. 21 | 15 of 1991 | 21 Jun 1991 | 9 Aug 1991 (see s. 2(2) and *Gazette* 9 Aug 1991 p. 4101) |\n| *Financial Administration Legislation Amendment Act 1993* s. 13 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |\n| *Sentencing (Consequential Provisions) Act 1995* Pt. 57 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| *Acts Amendment (Legal Costs) Act 1997* Pt. 3 | 29 of 1997 | 26 Sep 1997 | 26 Sep 1997 (see s. 2) |\n| **Reprint of the *Official Prosecutions (Defendants’ Costs) Act 1973* as at 19 Feb 1999** (includes amendments listed above) | | | |\n| *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 54 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* Pt. 12, s. 80, 82 and 86 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) |\n| **Reprint 3: The *Official Prosecutions (Accused’s Costs) Act 1973* as at 3 Feb 2006** (includes amendments listed above) | | | |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2 and *Gazette* 19 Jan 2007 p. 137) |\n| *Criminal Law and Evidence Amendment Act 2008* s. 67 | 2 of 2008 | 12 Mar 2008 | 27 Apr 2008 (see s. 2 and *Gazette* 24 Apr 2008 p. 1559) |\n| *Legal Profession Act 2008* s. 686 | 21 of 2008 | 27 May 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 511) |\n| *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |\n| *Criminal Law (Mental Impairment) Act 2023* s. 412 | 10 of 2023 | 13 Apr 2023 | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |\n\n\nOther notes\n\n1 Now known as the *Official Prosecutions (Accused’s Costs) Act 1973*; short title changed (see note under s. 1).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naccused 4(1)\n\nappeal 4(1)\n\nappeal court 4(1)\n\ncosts 4(1)\n\ncourt 4(1)\n\nofficial prosecution 4(1)\n\npublic official 4(1)\n\nsection 4(1)\n\nsummary court 4(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered by subsequent amendments. Key changes in the compiled text: it explicitly binds the Crown (s.3(3)); ties the non-fee cost scale to the Legal Profession Uniform Law Application Act 2022 (s.5(5)); adds a mental-impairment exception to successful acquittals (s.4(2)(a)(i)); clarifies payment mechanics distinguishing State officials (payment from Consolidated Account on Treasurer certification) and local government/statutory body liability (civil debt) (s.9); and extends and clarifies application across summary and appeal courts (s.4, s.5). These amendments change who ultimately pays, how costs are quantified, and the procedural pathway for recovering costs."},"complexity_factors":["Interplay with other legislation and court practice — the Act applies notwithstanding other Acts but gives precedence to the more favourable provision for the accused (s.3(1)–(2)).","Definitions and scope matter — terms like \"official prosecution\", \"public official\", \"summary court\", and success/partial success are narrowly defined and affect entitlement (s.4(1)–(2)).","Discretion for courts to deny or reduce costs based on behaviour or conduct during proceedings creates judgment-based outcomes (s.6; s.7(2)).","Procedural interaction across court levels — separate cost orders and timing rules for summary and appeal courts, and rules when appeals reverse convictions (s.5(2)–(4)).","Tariffing and valuation — non-fee costs must follow a legal costs scale under an external Act, tying calculation to the Legal Profession Uniform Law regime (s.5(5)).","Payment and budgeting mechanics differ by defendant of prosecution — State prosecutions paid from Consolidated Account via Treasurer certificate; local government/statutory body liabilities are civil debts (s.9(a)–(b)).","Special exclusions and timing limits — e.g., acquittal due to mental impairment is excluded from \"successful\" on its face (s.4(2)(a)(i)); indictable-charge dismissal timing affects success status (s.4(2)(c)).","Administrative procedures — question of costs may be adjourned to chambers allowing affidavit evidence and submissions (s.8), adding process steps for claimants.","Binding of the Crown creates fiscal exposure and administrative steps (s.3(3); s.9(a) requiring Clerk/Registrar certificate and Treasurer payment)."],"plain_english_summary":"This Act requires that an accused who is successful in an official prosecution can recover legal and court expenses, and sets how courts order and quantify those costs; it applies to summary and appeal courts and binds the Crown (see s.3, s.4, s.5). Costs are payable from the Consolidated Account when the prosecution is by State officials or ordered against local governments/statutory bodies and recoverable as debts; courts may refuse or reduce costs for misconduct or unnecessary delay (s.9, s.6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing costs to successful defendants in official prosecutions. While the Act has been amended multiple times (notably to update references to court structures, costs determination mechanisms, and to include the Children's Court), these are technical updates rather than scope expansion. The 2008 amendment changed the title from 'Defendants' to 'Accused's' Costs and the 2023 amendment added mental impairment references, but neither altered the fundamental scope."},"complexity_factors":["Short statute with only 9 operative sections (one section deleted)","9 defined terms in a single interpretation section (s. 4)","Simple conditional logic: success defined by enumerated outcomes in s. 4(2) with one nested exception for indictable offences dismissed for want of prosecution","Minimal cross-referencing: references to Criminal Procedure Act 2004, Criminal Code, and Legal Profession Uniform Law Application Act 2022 for procedural context and costs scales","Clear hierarchy of application: s. 3 establishes 'most favourable to accused' rule for inconsistencies","Straightforward payment mechanism in s. 9 distinguishing between Crown and local government prosecutions","No delegated legislation or regulation-making powers"],"plain_english_summary":"This Western Australian law ensures that people who are prosecuted by government officials (police, public servants, or local government officers) and win their case can get their legal costs back from the government.\n\n**What it does:**\n- **Automatic entitlement**: If you're found not guilty, if the charges are dropped, or if your conviction is overturned on appeal, you are entitled to have your legal expenses paid by the State or the prosecuting body.\n- **Who pays**: \n  - If police or State government officials brought the case, costs come from the State's Consolidated Account (general government funds).\n  - If local councils or other statutory bodies brought the case, they must pay you directly.\n- **When costs can be refused or reduced**: A court can deny or cut costs if you did something unreasonable that caused the prosecution (like lying to police), or if you deliberately dragged out the court case unnecessarily.\n- **Partial wins**: If you're convicted of a lesser charge than originally accused, or if some charges are dropped but not others, the court *may* (but doesn't have to) award you costs for the charges you beat.\n- **Appeals covered**: The Act applies to both the initial hearing (Magistrates Court or Children's Court) and any appeals.\n\n**Why it matters:**\nThis prevents the government from using its vast resources to bully citizens financially. Without this law, an innocent person could win their case but still be left thousands of dollars in debt for legal fees. It creates a 'loser pays' rule specifically for when the government loses, ensuring that official prosecutions are only brought when there's a genuine case to answer."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source page returned a system error rather than the Act's content","Only the Act's title is available, preventing any substantive legal analysis","Complexity cannot be meaningfully assessed without access to the provisions, schedules, or amendments"],"plain_english_summary":"The Official Prosecutions (Defendants' Costs) Act 1973 (WA) sets out when and how defendants in official (criminal or regulatory) prosecutions can recover legal costs from the prosecuting authority. It affects anyone charged by the state—especially those acquitted or whose charges are dropped—because it governs entitlement and procedure for reclaiming legal fees and expenses."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/official-prosecutions-defendants-costs-act-1973","history":"/api/acts/official-prosecutions-defendants-costs-act-1973/history","analysis":"/api/acts/official-prosecutions-defendants-costs-act-1973/analysis","conflicts":"/api/acts/official-prosecutions-defendants-costs-act-1973/conflicts","importantCases":"/api/acts/official-prosecutions-defendants-costs-act-1973/important-cases","documents":"/api/acts/official-prosecutions-defendants-costs-act-1973/documents"}}