New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 116

116 When costs may be awarded to accused persons

(1) A Magistrate may at the end of committal proceedings order that the prosecutor pay professional costs to the registrar, for payment to the accused person, if--

(a) the accused person is discharged as to the subject-matter of the offence or the matter is withdrawn, or

(b) the accused person is committed for trial or sentence for an indictable offence which is not the same as the indictable offence the subject of the court attendance notice.

(2) The amount of professional costs is to be the amount that the Magistrate considers to be just and reasonable.

(3) The order must specify the amount of professional costs payable.

(4) If the accused person is discharged, the order for costs may form part of the order discharging the accused person.

(5) In this section--

"professional costs" means costs (other than court costs) relating to professional expenses and disbursements (including witnesses' expenses) in respect of proceedings before a Magistrate.