NSW Costs in criminal proceedings if self represented

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Hellomyonlyfriend

Well-Known Member
15 August 2022
63
1
199
If my criminal matters were dismissed, do I have any right to costs for my time and other expenses i.e. expert reports even if they were not tendered?

The matter went on for over 1500 days due to Covid delays.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Can anyone help me with this?
Do you have an automatic right to costs? No.

Do you have a right apply for costs? Maybe.
But not always and automatically for amounts
that are equivalent to what you would have paid a lawyer.

How likely is it that any such application would be successful?
We can't tell from here.

--> Consider the relevance of section 213 of the Criminal Procedure Act
to what you're asking.
Bear in mind that if you are unsuccessful it is, at least in theory,
open to the Magistrate to order that you pay the Respondent's costs.
As ever, think carefully before you start something that you, literally, can't afford to lose.
 

Hellomyonlyfriend

Well-Known Member
15 August 2022
63
1
199
Do you have an automatic right to costs? No.

Do you have a right apply for costs? Maybe.
But not always and automatically for amounts
that are equivalent to what you would have paid a lawyer.

How likely is it that any such application would be successful?
We can't tell from here.

--> Consider the relevance of section 213 of the Criminal Procedure Act
to what you're asking.
Bear in mind that if you are unsuccessful it is, at least in theory,
open to the Magistrate to order that you pay the Respondent's costs.
As ever, think carefully before you start something that you, literally, can't afford to lose.
The matter was dismissed / withdrawn before I had to make my defence.

Two witnesses did not turn up.

Costs I was seeking:

1. I payed for an expert report. I did not have to submit as matter dismissed before evidence. Thousand.

2. I had to pay for alternative accommodation for a period of time before I was allowed to move back to residence. Thousands of dollars.

3. Bail application / detention application (10,000) bail application included other matter found not guilty of.

4. Theft of money by police in custody (3.5 thousand)

I was self represented at hearing but told magistrate I wanted costs application.

Are any.of those costs recoverable under the legislation?