||All England Reporter
|| All ER (D) 15 (May)
Scott Baker LJ and Pitchford J
||Matthew Groves (instructed by Brent Law Partnership, Brent) for the defendant.
||Ernest James (instructed by the crown Prosecution Service) for the DPP.
||1 May 2003
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).
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.
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