4Costs of successful defendant

### 4 Costs of successful defendant > > (1)  Subject to this Act, where a person having been charged with an offence is discharged from the proceedings in respect thereof, that is to say, where – > > > > > > (a) he is acquitted of the offence; > > > > > > > (b) the complaint charging him with the offence is dismissed or withdrawn; or > > > > > > > (c) he is discharged upon an indictment for the offence – > > > > the court having the conduct of the proceedings may, upon the application of the defendant, order that he be paid in respect of his defence such costs as it thinks just and reasonable. > > > (2)  The court, in deciding whether to grant costs and the amount of any costs granted, shall have regard to all relevant circumstances and in particular to the following: > > > > > > (a) Whether the proceedings were brought and continued in good faith; > > > > > > > (b) Whether proper steps were taken to investigate any matter coming to, or within, the knowledge of any person responsible for bringing or continuing the proceedings; > > > > > > > (c) Whether the investigation into the offence was conducted in a reasonable and proper manner; > > > > > > > (d) Whether the evidence as a whole would support a finding of guilt but the defendant is discharged from the proceedings on a technical point; > > > > > > > (e) Whether the defendant is discharged from the proceedings because he established (either by the evidence of witnesses called by him or by cross examination of witnesses for the prosecution or otherwise) that he was not guilty. > > > (3)  No defendant shall be granted costs by reason only of the fact that he is acquitted of an offence, the complaint charging him with an offence is dismissed or withdrawn, or he is discharged upon an indictment. > > > (4)  No defendant shall be refused costs by reason only of the fact that the proceedings were properly brought and continued. > > > (5)  No defendant shall be refused costs by reason only of the fact that in the investigation of the offence with which he had been charged he remained silent or refused to assist in respect thereof.