>[!ABSTRACT] Legislative Framework >[[Section 401 - Costs in Magistrates' Court]] provides the Court with discretion in awarding costs, who will pay those costs and how they might pay them. > >The Court considers any *unreasonable act* or *omission* by *any party* of a proceeding that satisfies them that that party *prolonged proceedings*. # What To Consider 1. **Why** are costs being sought? 2. Are the costs attributable to prosecution? 3. Has the **accused** contributed to delay? 4. Has the **court** contributed to delay? 5. Has an outside party contributed to delay? 6. Do you have enough information on the brief to make submissions in respect of costs? # When are costs awarded? As above, s 401 is the operating provision which dictates when. In short, whenever the Magistrate wants to award them, they can. There are some examples of cases, but perhaps the most important principles I've found are: - A 'successful' accused, meaning Prosecution attempt to prove the offence but are unable to meet the beyond a reasonable doubt threshold. - Costs can only be awarded in Victoria for *state offences*, not commonwealth offences. # Awarded Costs ## Adjournment Without Merit If a party in a proceeding requires an adjournment without good reason, costs might be awarded. Examples of this are: - An informant is asked to provide **further statements**, but makes no attempts to obtain those statements; or - An informant forgets/fails to **subpoena witnesses** to a contested hearing; or - An informant fails to organise the **drug analysis** or progress it. In general, as long as Prosecution can submit that efforts are being made and explain a delay to the Court, this **should** satisfy the Court that the adjournment has *merit*. ## Pre-Court Disclosure Disclosure is a hot topic of recent times. Pre-court disclosure, being the service of a preliminary or full brief is of the utmost importance. - An informant need only make **reasonable** enquiries to obtain/disclose evidence. E.g. if a witness were to refuse providing a statement, this only needs to be explained.