Practice Directions

Costs in criminal proceedings (No. 2)

1. Paragraph 2.2 at Part II (Defence Costs from Central Funds) of the Practice Direction of 3 May 1991 on costs in criminal proceedings ([1991] 1 WLR 498 and [1991] 2 ALL ER 924) is hereby amended.

2. The following is to be substituted for paragraph 2.2 of Part II of the Practice Direction:-

"2.2 Where a person is not tried for an offence for which he has been indicted or committed for trial or has been acquitted on any count in the indictment, the court may make a defendant's costs order in his favour. Such an order should normally be made whether or not an order for costs inter partes is made, unless there are positive reasons for not doing so, as where, for example, the defendant's own conduct has brought suspicion on himself and has misled the prosecution into thinking that the case against him is stronger than it is."

Lord Chief Justice of England and Wales
5th October 1999