Criminal costs

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Criminal costs are financial penalties awarded against convicted criminals, in addition to the sentence they receive, in recognition of the costs of the court in bringing the prosecution.

The term sentence in law refers to punishment that was actually ordered by a trial court in a criminal procedure. A sentence forms the final explicit act of a judge-ruled process as well as the symbolic principal act connected to their function. The sentence can generally involve a decree of imprisonment, a fine, and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes usually serve a concurrent sentence, while others serve a consecutive sentence. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by "street time" until the total sentence is completed.

Court judicial institution with the authority to resolve legal disputes

A court is any person or institution with authority to judge or adjudicate, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

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England and Wales

A magistrates' court or the Crown Court may award such costs as are "just and reasonable" against an offender. [1] Usually, these are much less than the full economic cost of the prosecution as the court must consider the offender's ability to pay. [2] [3] An exception is the specific case of health and safety prosecutions where the court will award the totality of prosecution costs against the offender. [4] [5] [6]

Magistrates court (England and Wales)

In England and Wales, a magistrates' court is a lower court which holds trials for summary offences and preliminary hearings for more serious ones. Some civil matters are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

Crown Court part of the Senior Courts of England and Wales

The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales. It is the highest court of first instance in criminal cases; however, for some purposes the Crown Court is hierarchically subordinate to the High Court and its Divisional Courts.

Economic cost is the combination losses of any goods that have a value attached to them by any one individual. Economic cost is used mainly by economists as means to compare the prudence of one course of action with that of another. The factors to be taken into consideration are money, time, and other resources.

Where an offender was allowed legal aid for his defence, the Crown Court may make a Recovery of Defence Costs Order that he repay all or part of his defence costs. [7] [8]

Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and the United States.

An acquitted defendant will usually be allowed a Defendant's Costs Order to pay for his defence unless there are special circumstances such as his having acted in such an unreasonable manner as to bring suspicion on himself. [9] [10] Since October 2012, it has not been possible to recover private defence costs for Crown Court proceedings. This means that defendants choosing private, as opposed to Legal Aid, representation in the Crown Court cannot recover their costs even if they are acquitted of all charges.

In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is simply abandoned by the prosecution. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction.

Defendant accused person

A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.

See also

Related Research Articles

Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges and on the same facts, following a valid acquittal or conviction. As described by the U.S. Supreme Court in its unanimous decision concerning Ball v. United States 163 U.S. 662 (1896), one of its earliest cases dealing with double jeopardy, "the prohibition is not against being twice punished, but against being twice put in jeopardy; and the accused, whether convicted or acquitted, is equally put in jeopardy at the first trial."

The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themselves or to others.

Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.

In English civil litigation, costs are the lawyers' fees and disbursements of the parties.

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against them in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable.

Forensic psychiatry medical specialty

Forensic psychiatry is a sub-speciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. A forensic psychiatrist provides services – such as determination of competency to stand trial – to a court of law to facilitate the adjudicative process and provide treatment like medications and psychotherapy to criminals.

A discharge is a type of sentence where no punishment is imposed.

The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and several other peripheral statutes.

Criminal Justice Act 2003 United Kingdom legislation

The Criminal Justice Act 2003 (c.44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland.

Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought although it required neither malice nor premeditation.

Criminal Lunatics Act 1800 United Kingdom legislation

The Criminal Lunatics Act 1800 was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield, who attempted to assassinate King George III.

In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots and Irish law. Its United States equivalent is competence to stand trial.

Juries in England and Wales

In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries.

Youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.

In the United Kingdom there are several crimes that arise from failure to take care of health, safety and welfare at work.

Libel Act 1843 United Kingdom legislation

The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was an Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel.

Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including his/her criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

A restraint order is an order which has the effect of freezing the assets and bank accounts of the persons against whom it is directed, in consequence of a belief by the authorities that some crime has been committed from which a person has benefited financially.

References

  1. ↑ Prosecution of Offences Act 1985, s.18(1)
  2. ↑ Practice Direction (Costs in Criminal Proceedings) [2004] 2 All ER 1070
  3. ↑ Sprack (2006) 29.14
  4. ↑ R v. Associated Octel Ltd (Costs) [1996] EWCA Crim 1237
  5. ↑ Health and Safety Executive (2007). "Costs". Enforcement Guide. Archived from the original on 2008-07-19. Retrieved 2008-04-06.
  6. ↑ Sprack (2006) 29.17
  7. ↑ Access to Justice Act 1999, s.17(2)
  8. ↑ Sprack (2006) 29.11
  9. ↑ Prosecution of Offences Act 1985, s.16
  10. ↑ Sprack (2006) 29.12

Bibliography

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