Marine-related Incidents (MARPOL Implementation) Act 2020
56Recovery of costs in court
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56 Recovery of costs in court
(1) In this section –
recoverable costs has the same meaning as in section 55 .
(2) Recoverable costs, including any interest payable under section 55(4) , may –
(a) be awarded to the Crown in the course of proceedings for an offence against this Act in respect of the relevant discharge, whether or not the person against whom those proceedings are brought is convicted of the offence; or
(b) be recovered in a court of competent jurisdiction as a debt due to the Crown, notwithstanding that proceedings have not been taken for an offence against this Act in respect of the relevant discharge.
(3) In addition to any costs payable under subsection (2) , a court may, on application by the Director on behalf of the Crown, order a person to pay the reasonable costs and expenses incurred by an inspector in the course of the investigation and prosecution of an offence against this Act, including, but not limited to, costs and expenses arising from –
(a) the taking of any samples or the conduct of tests, examinations or analyses; and
(b) the taking of witness statements; and
(c) the gathering of other evidence; and
(d) the preparation and submission of a brief of evidence to any person acting on behalf of the applicant; and
(e) any appearance of counsel on behalf of the Crown; and
(f) other matters as prescribed.