Victorian Current Acts

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Costs in Magistrates' Court

    (1)     Unless otherwise expressly provided by this or any other Act or by the rules of court, the costs of, and incidental to, all criminal proceedings in the Magistrates' Court are in the discretion of the court and the court has full power to determine by whom, to whom and to what extent the costs are to be paid.

    (2)         In exercising its discretion under subsection (1) in a criminal proceeding, the Magistrates' Court may take into account any unreasonable act or omission by, or on behalf of, a party to the proceeding that the court is satisfied resulted in prolonging the proceeding.

    (3)     If the Magistrates' Court strikes out a charge under section 14(3), the court may award costs against the informant.

S. 401(4) amended by No. 68/2009 s. 51(zy).

    (4)     This section and section 410 apply to a purported proceeding in the Magistrates' Court which is beyond the jurisdiction of the court as if the purported proceeding were within jurisdiction.

S. 401(5) amended by No. 37/2014 s. 10(Sch. item 41.8).

    (5)     If the Magistrates' Court determines to award costs against an informant who is a police officer, the order must be made against the Chief Commissioner of Police.

S. 350 amended by No. 68/2009 s. 40 (ILA s. 39B(1)), renumbered as s. 402 by No. 68/2009 s. 52(o).

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