sec.238Recovery of costs of investigation

sec.238 Recovery of costs of investigation

This section applies if— a person is convicted of an offence against this Act; and the State applies to a court for an order against the person for the payment of costs the State has incurred during the investigation of the offence; and the court finds the State reasonably incurred the costs. The court may order the person to pay the State an amount equal to the costs if satisfied it would be just to make the order in the circumstances of the particular case. This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction. Any issue is to be decided on the balance of probabilities. (sec.238-ssec.1) This section applies if— a person is convicted of an offence against this Act; and the State applies to a court for an order against the person for the payment of costs the State has incurred during the investigation of the offence; and the court finds the State reasonably incurred the costs. (sec.238-ssec.2) The court may order the person to pay the State an amount equal to the costs if satisfied it would be just to make the order in the circumstances of the particular case. (sec.238-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. (sec.238-ssec.4) An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction. (sec.238-ssec.5) Any issue is to be decided on the balance of probabilities.

• (a) a person is convicted of an offence against this Act; and
• (b) the State applies to a court for an order against the person for the payment of costs the State has incurred during the investigation of the offence; and
• (c) the court finds the State reasonably incurred the costs.