New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 215

215 When professional costs may be awarded to prosecutor

(1) A court may at the end of summary proceedings order that the accused person pay the following costs to the registrar of the court, for payment to the prosecutor, if the accused person is convicted or an order is made against the accused person--

(a) such professional costs as the court considers just and reasonable,

(1A) The court may not order the accused person to pay professional costs referred to in subsection (1) (a) if the conviction or order concerned relates to an offence--

(a) for which a penalty notice, within the meaning of section 20 of the Fines Act 1996 , has been issued, and

(b) in respect of which the person has elected to have the matter dealt with by a court, and

(c) in respect of which the person has lodged a written plea of guilty, in accordance with section 182, not later than 7 days before the date on which the person is required to first attend before the court.

(1B) Subsection (1A) does not apply in relation to proceedings for an offence against the Work Health and Safety Act 2011 or the regulations under that Act.

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

(4) For the purposes of this section, an accused person is taken to have been convicted if an order is made under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 or under section 10 of the Crimes (Sentencing Procedure) Act 1999 . The order for costs may be in the order under the relevant section.

(5) This section applies to all summary proceedings, including orders made in proceedings conducted in the absence of the accused person.