NSWIn ForceAct
Criminal Procedure Act 1986
116When costs may be awarded to accused persons
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#### 116 When costs may be awarded to accused persons
116 When costs may be awarded to accused persons
> > (1) A Judge may at the end of committal proceedings order that the prosecutor pay professional costs to the registrar, for payment to the accused person, if—
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> > > (a) the accused person is discharged as to the subject-matter of the offence or the matter is withdrawn, or
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> > > (b) the accused person is committed for trial or sentence for an indictable offence which is not the same as the indictable offence the subject of the court attendance notice.
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> > (2) The amount of professional costs is to be the amount that the Judge considers to be just and reasonable.
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> > (3) The order must specify the amount of professional costs payable.
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> > (4) If the accused person is discharged, the order for costs may form part of the order discharging the accused person.
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> > (5) In this section—
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> > professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Judge.
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> **s 116:** Ins 2001 No 119, Sch 1 \[43\]. Am 2025 No 61, Sch 2.31\[9\].