77Power to award costs to defendant

77 Power to award costs to defendant (1) Subject to subsection (2) and section 77A, the Court may order a complainant to pay to a defendant the costs it thinks fit if: (a) the Court dismisses the charge of any offence on the complaint; or (b) the complaint is withdrawn. (2) The Court shall not make an order for costs under subsection (1) if: (a) the defendant's actions or omissions in connection with the alleged offence were, in the opinion of the Court: (i) unreasonable in the circumstances; and (ii) contributed to the institution or continuation of the proceedings; or (b) the defendant's actions or omissions during the course of the proceedings or in the conduct of the defence were, in the opinion of the Court, calculated to unnecessarily prolong the proceedings or cause unnecessary expense; or (c) in the opinion of the Court, there was sufficient evidence to support a finding of guilt but the defendant was entitled to a dismissal because of a minor procedural irregularity.