77Costs

### 77 Costs > > (1)  *\[Section 77 Subsection (1) amended by No. 108 of 1974, s. 26 \]*Where justices make a conviction or order in favour of the complainant they may, in their discretion, order that the defendant shall pay to the complainant the whole or a specified proportion of his costs of and incidental to his complaint. > > > (2)  *\[Section 77 Subsection (2) amended by No. 108 of 1974, s. 26 \]*Where justices dismiss the complaint or make an order in favour of the defendant they may, in their discretion, order that the complainant shall pay to the defendant the whole or a specified proportion of his costs of and incidental to his defence. > > > (2A)  *\[Section 77 Subsection (2A) inserted by No. 107 of 1976, s. 8 \]*The provisions of [subsection (2)](#GS77@Gs2@EN) apply only in the case of a complaint for a breach of duty. > > > (3)  *\[Section 77 Subsection (3) substituted by No. 108 of 1974, s. 26 \]**\[Section 77 Subsection (3) amended by No. 45 of 1986, s. 20 \]*[*\[Section 77 Subsection (3) substituted by No. 40 of 1999, s. 6, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#GS6@EN) Where costs are allowed under [subsection (1)](#GS77@Gs1@EN) or [subsection (2)](#GS77@Gs2@EN) they shall be assessed by the justices or, when directed by the justices, by the clerk of petty sessions. > > > (3A)  [*\[Section 77 Subsection (3A) inserted by No. 40 of 1999, s. 6, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#GS6@EN) When costs are assessed by the clerk of petty sessions, the clerk must have regard to the same matters as justices would have regard to if the justices were assessing the costs, including the amount that could have been awarded in respect of witnesses' expenses under [section 45](#GS45@EN) . > > > (4)  *\[Section 77 Subsection (4) substituted by No. 108 of 1974, s. 26 \]*An assessment of costs under [subsection (3)](#GS77@Gs3@EN) – > > > > > > (a) shall be in writing; > > > > > > > (b) shall be signed by the justices or the clerk of petty sessions, as the case may require; > > > > > > > (c) shall be deemed to be part of the conviction or order of dismissal to which it relates; and > > > > > > > (d) [*\[Section 77 Subsection (4) amended by No. 6 of 2003, s. 20, Applied:01 Jul 2003\]*](/view/html/inforce/2003-07-01/act-2003-006#GS20@EN) shall comply with such requirements (if any) as are prescribed. > > > (5)  The sum allowed for costs in a conviction or order by which a penalty or sum of money is adjudged to be paid shall be recoverable in the same manner and under the same warrants as the penalty or sum of money adjudged to be paid by the conviction or order is recoverable. > > > (6)  *\[Section 77 Subsection (6) omitted by No. 108 of 1974, s. 26 \]*.  .  .  .  .  .  .  .   > > > (7)  When a case is adjourned, the justices may, in their discretion, order that the costs of, or occasioned by, the adjournment, be paid by any party to any other party. > > > (8)  *\[Section 77 Subsection (8) substituted by No. 107 of 1976, s. 8 \]*Nothing in this section prejudices or affects the operation of the [Costs in Criminal Cases Act 1976](/view/html/inforce/2026-04-12/act-1976-107) but [subsections (3)](#GS77@Gs3@EN) and [(4)](#GS77@Gs4@EN) of this section apply to the assessment of costs ordered to be paid under that Act.