Santos Costa v Att. Gen. [1996] JLR 87 (21 March 1996)

Santos Costa v Att. Gen. [1996] JLR 87 (21 March 1996)

A legally aided defendant who is acquitted or discharged is entitled to recover the whole costs of defence from public funds, not just their contribution.

Citation
[1996] JLR 87
Parties
Defendant: Santos Costa; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
21 March 1996
Procedural Posture
Criminal / Costs Determination Post Acquittal
Outcome
application allowed
Legal Topics
Defence Costs, Legal Aid, Acquitted Defendants, Public Funds
Criminal Law Costs Defence Costs Legal Aid Acquitted Defendants Public Funds

Case Brief

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Parties

Santos Costa

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Costs Determination Post Acquittal

Legal Issues

  1. 1 Whether a legally aided defendant who is acquitted is entitled to recover the whole costs of defence from public funds or only the amount of their contribution

Ratio Decidendi

A legally aided defendant who is acquitted or discharged is entitled to recover the whole costs of defence from public funds, not just their contribution.

Court Disposition

application allowed

Orders

  • Defendant to recover whole costs of defence from public funds