Law Weblog

Persons or newspapers that cause criminal cases to collapse will be faced with the costs of the aborted trial

When a high profile case collapses – because of newspaper reporting or because of the behaviour of some party not involved in the proceedings – the financial cost can be enormous. Until now there was nothing that could be done to make the offending newspaper or other person responsible pay for the loss.
The Costs in Criminal Cases (General)(Amendment) Regulations 2004, is amending legislation that confers powers on magistrates’ court, the Crown Court or Court of Appeal to make an order against a third party to pay costs incurred by a party to criminal proceedings if there has been serious misconduct by the third party and the court considers it appropriate, having regard to the misconduct, to make such an order against him. A third party costs order may be made at any time after the criminal proceedings. An order may also be made during the proceedings, but only if the court decides that there are good reasons to do so.