Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 404

    (1)     If—

        (a)     the Supreme Court or the County Court is satisfied that an act or omission by, or on behalf of, a party before the commencement of trial was unreasonable and resulted in prolonging the trial; or

        (b)     there has been a departure referred to in section 233; or

        (c)     a party has failed to comply with a requirement of Part 5.5 or an order made under that Part—

the court may make any order that it considers appropriate with respect to the costs of and incidental to the trial and, for this purpose, it has full power to determine by whom, to whom and to what extent those costs are to be paid.

    (2)     An order under subsection (1) may be made against—

        (a)     a party, whether the Crown or the accused; or

S. 404(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 30.3).

        (b)     a party's legal practitioner or, in the case of a legal practitioner who is employed by a law practice (within the meaning of the Legal Profession Uniform Law (Victoria)), the law practice.

    (3)     If the accused and the accused's legal practitioner have complied with the requirements of Part 5.5 and any orders made under that Part and the hearing of a criminal proceeding is—

        (a)     discontinued or adjourned; and

        (b)     the reason for the discontinuance or the adjournment was not attributable in any way to the act, neglect or fault of an accused or that accused's legal practitioner—

any indemnity certificate granted by the court under section 16 or 17 of the Appeal Costs Act 1998 may include an indemnity certificate for the accused's own costs incurred in consequence of a requirement imposed on the accused under that Part.

S. 353 amended by No. 68/2009 s. 51(zz), renumbered as s. 405 by No. 68/2009 s. 52(r).