Where, before the commencement of this Act and on or after 1st July 1976, any person having been charged with an offence was discharged from the proceedings in respect thereof as mentioned in section 4 (1) , a court having a like jurisdiction as the court by which he was so discharged may, upon the application of that person, make such an order as to costs in respect of his defence as could have been made under this Act had it been in force when he was discharged from the proceedings.