P, R. v

P, R. v

The Crown Court had no jurisdiction to make a wasted costs order against the CPS under section 19A, as the CPS is not a legal representative. Any order under section 19 was also defective for failure to specify the statutory power, quantify the costs, or allow representations. The circumstances did not justify a costs order against the CPS, as the decision to prosecute was made in good faith and was not wholly unreasonable.

Parties
Appellant: Regina; Respondent: P
Jurisdiction
England and Wales
Judgment Date
07 April 2011
Procedural Posture
Criminal Appeal / Appeal Against Costs Order After Acquittal
Outcome
appeal allowed; costs orders quashed
Legal Topics
Costs Orders, Jurisdiction, Prosecution Discretion, Judicial Review
Criminal Law Costs Costs Orders Jurisdiction Prosecution Discretion Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Appellant

P

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Costs Order After Acquittal

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to make a costs order against the Crown Prosecution Service under section 19A or section 19 of the Prosecution of Offences Act 1985
  2. 2 Whether the judge properly identified the statutory power for the costs order
  3. 3 Whether the circumstances justified a costs order against the CPS

Ratio Decidendi

The Crown Court had no jurisdiction to make a wasted costs order against the CPS under section 19A, as the CPS is not a legal representative. Any order under section 19 was also defective for failure to specify the statutory power, quantify the costs, or allow representations. The circumstances did not justify a costs order against the CPS, as the decision to prosecute was made in good faith and was not wholly unreasonable.

Court Disposition

appeal allowed; costs orders quashed

Orders

  • The appeal is allowed.
  • The costs orders made by the Crown Court are quashed.