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New South Wales Consolidated Acts. COSTS IN CRIMINAL CASES ACT 1967 - LONG TITLE. An Act relating to costs in criminal cases; to amend the Justices Act 1902 as amended by subsequent Acts; and for purposes connected therewith.
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The costs payable under the certificate are not indemnity costs and are more of the nature of party/party costs. NOTE: The granting of a certificate under the Act is NOT an order for costs. Procedure. The Secretary's responsibilities are set out in section 4 of the Costs in Criminal Cases Act 1967. Briefly, they are to:
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3 Form of certificate. (1) A certificate granted under this Act shall specify that, in the opinion of the Court or Judge or Magistrate granting the certificate: (a) if the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the.
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An Act relating to costs in criminal cases; to amend theJustices Act 1902 as amended by subsequent Acts; and for purposes connected therewith. 1 Name of Act, commencement and application (1) This Act may be cited as theCosts in Criminal Cases Act 1967. (2) This Act shall commence upon a day to be appointed by the Governor and notified by
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Costs in Criminal Cases Act 1967 (the Act). The purpose of the Act is to compensate defendants who have been acquitted or discharged, in certain circumstances. A court may grant a certificate under the Act to a defendant who has been acquitted or discharged at any time during a trial, or if the defendant successfully appeals against a conviction.
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1 Name of Act, commencement and application. (1) This Act may be cited as the Costs in Criminal Cases Act 1967. (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. (3) This Act does not apply in respect of proceedings instituted, or appeals lodged, before its commencement.
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Costs in criminal matters [56-000] Introduction [56-020] Circumstances in which costs may be ordered [56-040] Criminal Procedure Act 1986 grounds [56-060] Costs in Criminal Cases Act 1967 [56-080] Crimes (Domestic and Personal Violence) Act 2007 [56-100] Suitors' Fund Act 1951 [56-120] Miscellaneous matters
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Costs in Criminal Cases Act 1967 No 13 . Status information . Long title . 1 Name of Act, commencement and application . 1A Definition . 2 Certificate may be granted . 3 Form of certificate . 3A Evidence of further relevant facts may be adduced . 4 Payment of costs . 5 Director-General subrogated to rights of applicant .
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Costs in Criminal Cases Act 1967 No 13. Current version for 27 March 2021 to date (accessed 2 May 2024 at 6:40) Status information. Timeline.
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This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 2.4.1974, and published in GG No 72 of 21.6.1974, p 2205, declaring that the Costs in Criminal Cases Act 1967 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act.
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The paper is in two parts. a. Part I covers the various statutory and common law sources of power to award costs. The main focus is recovery under the Criminal Procedure Act 1986 (CPA) and the Costs in Criminal Cases Act 1967 (CCCA), and addresses costs awarded at the end of a successful defence of criminal charges.
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Order dated 2.4.1974, and published in GG No 72 of 21.6.1974, p 2205, declaring that theCosts in Criminal Cases Act 1967is an enactment to which sec 8 (2) and sec 9 (3) of theActs Reprinting Act 1972apply. Costs in Criminal Cases Act 1967 No 13. Assented to 23.03.1967. Date of commencement, 1.1.1968, sec 1 (2) and GG No 133 of 1.12.1967, p 4434.
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Costs in Criminal Cases Act. Section 2 of the CCC Act extends to criminal proceedings in any NSW court. It empowers the court to issue a 'certificate' for costs. The section states as follows: (1) The Court or Judge or Magistrate in any proceedings relating to any offence, whether punishable summarily or upon indictment, may: (a) where.
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2 Certificate may be granted. (a) where, after the commencement of a trial in the proceedings, a defendant is acquitted or discharged in relation to the offence concerned, or a direction is given by the Director of Public Prosecutions that no further proceedings be taken, or. grant to that defendant a certificate under this Act, specifying the.
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