Syllabus 25: Ancillary orders and costs on conviction
1) Prosecution costs
[first sub-paragraph of D33.24, the first sub- paragraph of D33.25, and the summary of ex parte Dove
in paragraph D33.27]
s.18(1) and (2) Prosecution of Offences Act 1985: authorises the making of orders that a convicted
accused or unsuccessful appellant or person in breach of various court orders shall pay costs to the
prosecutor. The payment must be just and reasonable.
Ex parte Dove [2000]: Guidelines on the imposition of costs.
(1) Order to pay costs should never exceed the sum which D is able to pay and which it is
reasonable to expect D to pay having regard to his means and any other financial order
imposed.
(2) Nor should it exceed the sum which the prosecutor has actually and reasonably incurred.
(3) Purposes of order is to compensate the prosecutor and not to punish D
(4) Any costs ordered should not in the ordinary way be grossly disproportionate to any fine
imposed.
(5) When facing a fine or order as to costs, D should disclose to the magistrates the data relevant
to his financial position.
(6) The court should give D a fair opportunity to adduce any relevant financial information and
make submissions prior to the determination of any financial order.
2) Surcharge
[E2.31 (first two lines up to “... to impose a surcharge” and section 42 of the Sentencing Act 2020
only)]
s.42 SA 2020: A MC or CC is normally required to impose a surcharge.
3) Compensation order
[E6.1 and E6.15]
s.133 to s.135 SA 2020
Victim does not need to apply to the court for a CO to be made.
No limit as to the amount of compensation which a court may order (except where MC imposes such
an order on an offender aged under 18 the limit is £5,000).
4) Deprivation order
[E8.1 E8.2]
s.152 SA 2020: power to courts to order the deprivation of property connected with the commission
of an offence. The property will be held by the police subject to any application made under the Police
Property Act 1897.
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