Legal issues
The power
Prosecution of Offences Act 1985, section 16: the court may order payment from central funds where a defendant is acquitted, the charge is dismissed or the case is discontinued. Section 16A limits the legal costs that can be recovered.
Legal Aid rates cap
Since October 2012, an individual's legal costs are generally recoverable only at Legal Aid rates. Travel, expert and other expenses are assessed separately.
When an order can be refused
The court can decline or reduce an order if your own conduct brought suspicion on yourself and misled the prosecution into thinking the case was stronger than it was.
Evidence that matters
Keep your client care letter, invoices and records of work. Costs are assessed after the case, and the paperwork must show what was done and why.
Reasonable lines of enquiry
At the start of a private case
- Apply for Legal Aid if the case may go to the Crown Court, to preserve the costs position.
- Ask your solicitor for a written estimate of the likely shortfall.
What happens next
The application is made to the court at the end of the case. Costs are then assessed by the court's determining officer, and payment follows. The process can take months.
Immediate steps
- Apply for Legal Aid early, even if you will pay privately.
- Keep every invoice and receipt.
What should you send us?
Send the outcome (acquittal or discontinuance notice), your fee agreement and invoices, and any Legal Aid decision letter.