| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 15 (May) |
| Court: | Divisional Court |
| Judge: | Scott Baker LJ and Pitchford J |
| Representation | Matthew Groves (instructed by Brent Law Partnership, Brent) for the defendant. |
| Ernest James (instructed by the crown Prosecution Service) for the DPP. | |
| Judgment Dates: | 1 May 2003 |
Catchwords
Criminal evidence and procedure - Costs - Defendant's costs order - Exceptional circumstances - Income threshold - Judge making order where defendant's income below prescribed threshold - Correctness of decision - s 19 - Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001, reg 9(2).
The Case
Allowing the appeal, the court ruled that where the trial judge had made a recovery of defendant's cost order albeit that the defendant's income was below the prescribed threshold, the judge had been in error since he had failed expressly to identify any exceptional circumstances, and on the facts it seemed that none were present.
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
