sec.158AExercise of discretion in relation to an award of costs

### sec.158A Exercise of discretion in relation to an award of costs Despite section 158 (1) , justices who dismiss a complaint may make an order for costs in favour of a defendant against a complainant who is a police officer or public officer only if the justices are satisfied that it is proper that the order for costs should be made. In deciding whether it is proper to make the order for costs, the justices must take into account all relevant circumstances, including, for example— whether the proceeding was brought and continued in good faith; and whether there was a failure to take appropriate steps to investigate a matter coming to, or within, the knowledge of a person responsible for bringing or continuing the proceeding; and whether the investigation into the offence was conducted in an appropriate way; and whether the order of dismissal was made on technical grounds and not on a finding that there was insufficient evidence to convict or make an order against the defendant; and whether the defendant brought suspicion on himself or herself by conduct engaged in after the events constituting the commission of the offence; and whether the defendant unreasonably declined an opportunity before a charge was laid— to explain the defendant’s version of the events; or to produce evidence likely to exonerate the defendant; and the explanation or evidence could have avoided a prosecution; and whether there was a failure to comply with a direction given under section 83A ; and whether the defendant conducted the defence in a way that prolonged the proceeding unreasonably; and whether the defendant was acquitted on a charge, but convicted on another. If an order for costs under section 158 is made against a complainant who is a police officer or public officer (within the meaning of this subsection), the clerk of the court is to give to the defendant a certificate signed by the clerk showing the amount of costs awarded. Subject to subsection (5) , the defendant is entitled to be paid by the State the amount shown in the certificate within 2 months after payment is claimed. If an appeal against an order for costs is made under section 222 — payment of the amount shown in the certificate is stayed until the appeal is decided; and payment is to be made of the amount (if any) ordered or confirmed by further order made on the appeal. In subsection (3) — public officer does not include— an officer or employee of the public service of the Commonwealth; or an officer or employee of a statutory body that represents the Crown in right of the Commonwealth; or an officer or employee of a local government. s 158A ins 1992 No. 40 s 91 amd 1997 No. 38 s 59 ; 2002 No. 23 s 59 (sec.158A-ssec.1) Despite section 158 (1) , justices who dismiss a complaint may make an order for costs in favour of a defendant against a complainant who is a police officer or public officer only if the justices are satisfied that it is proper that the order for costs should be made. (sec.158A-ssec.2) In deciding whether it is proper to make the order for costs, the justices must take into account all relevant circumstances, including, for example— whether the proceeding was brought and continued in good faith; and whether there was a failure to take appropriate steps to investigate a matter coming to, or within, the knowledge of a person responsible for bringing or continuing the proceeding; and whether the investigation into the offence was conducted in an appropriate way; and whether the order of dismissal was made on technical grounds and not on a finding that there was insufficient evidence to convict or make an order against the defendant; and whether the defendant brought suspicion on himself or herself by conduct engaged in after the events constituting the commission of the offence; and whether the defendant unreasonably declined an opportunity before a charge was laid— to explain the defendant’s version of the events; or to produce evidence likely to exonerate the defendant; and the explanation or evidence could have avoided a prosecution; and whether there was a failure to comply with a direction given under section 83A ; and whether the defendant conducted the defence in a way that prolonged the proceeding unreasonably; and whether the defendant was acquitted on a charge, but convicted on another. (sec.158A-ssec.3) If an order for costs under section 158 is made against a complainant who is a police officer or public officer (within the meaning of this subsection), the clerk of the court is to give to the defendant a certificate signed by the clerk showing the amount of costs awarded. (sec.158A-ssec.4) Subject to subsection (5) , the defendant is entitled to be paid by the State the amount shown in the certificate within 2 months after payment is claimed. (sec.158A-ssec.5) If an appeal against an order for costs is made under section 222 — payment of the amount shown in the certificate is stayed until the appeal is decided; and payment is to be made of the amount (if any) ordered or confirmed by further order made on the appeal. (sec.158A-ssec.6) In subsection (3) — public officer does not include— an officer or employee of the public service of the Commonwealth; or an officer or employee of a statutory body that represents the Crown in right of the Commonwealth; or an officer or employee of a local government. - (a) whether the proceeding was brought and continued in good faith; and - (b) whether there was a failure to take appropriate steps to investigate a matter coming to, or within, the knowledge of a person responsible for bringing or continuing the proceeding; and - (c) whether the investigation into the offence was conducted in an appropriate way; and - (d) whether the order of dismissal was made on technical grounds and not on a finding that there was insufficient evidence to convict or make an order against the defendant; and - (e) whether the defendant brought suspicion on himself or herself by conduct engaged in after the events constituting the commission of the offence; and - (f) whether the defendant unreasonably declined an opportunity before a charge was laid— (i) to explain the defendant’s version of the events; or (ii) to produce evidence likely to exonerate the defendant; and the explanation or evidence could have avoided a prosecution; and - (i) to explain the defendant’s version of the events; or - (ii) to produce evidence likely to exonerate the defendant; - (g) whether there was a failure to comply with a direction given under section 83A ; and - (h) whether the defendant conducted the defence in a way that prolonged the proceeding unreasonably; and - (i) whether the defendant was acquitted on a charge, but convicted on another. - (i) to explain the defendant’s version of the events; or - (ii) to produce evidence likely to exonerate the defendant; - (a) payment of the amount shown in the certificate is stayed until the appeal is decided; and - (b) payment is to be made of the amount (if any) ordered or confirmed by further order made on the appeal. - (a) an officer or employee of the public service of the Commonwealth; or - (b) an officer or employee of a statutory body that represents the Crown in right of the Commonwealth; or - (c) an officer or employee of a local government.