Source: All England Reporter
Publisher Citation: [2003] All ER (D) 15 (May)
Court: Divisional Court

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


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.

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