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Criminal law – Costs. The Director of Public Prosecutions sought judicial review of the judge's order that the Crown Prosecution Service should pay the costs incurred by an acquitted defendant, under s 19 of the Prosecution of Offences Act 1985. The Divisional Court, in allowing the application, held that the judge had no jurisdiction to use s 19 of the Act at the end of the trial as a means of impugning the prosecutorial discretion. Further, the court had jurisdiction to set aside the judge's order, as the judge had had no jurisdiction to make the order.
Criminal law – Costs. The Director of Public Prosecutions sought judicial review of the judge's order that the Crown Prosecution Service should pay the costs incurred by an acquitted defendant, under s 19 of the Prosecution of Offences Act 1985. The Divisional Court, in allowing the application, held that the judge had no jurisdiction to use s 19 of the Act at the end of the trial as a means of impugning the prosecutorial discretion. Further, the court had jurisdiction to set aside the judge's order, as the judge had had no jurisdiction to make the order.
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