Communities and Justice

Certificate for costs on discharge or acquittal

Costs in Criminal Cases Act 1967

Court No. xx/xx

Whereas at the [jurisdiction] Court of New South Wales at [location] on the [date] of [month], in the year [year], [applicant's name] appeared in respect of a charge/information of [offence(s)].

And whereas on the [date] day of [month], [year], [outcome- eg, the jury returned a verdict of not guilty and the defendant was discharged].

Pursuant to the provisions of section 2 of the Costs in Criminal Cases Act 1967, I grant to the said [applicant's name] this certificate relating to the above mentioned charge/information.

Pursuant to the provisions of section 3 of the Act, I certify that in my opinion:

a) if the prosecution had, before the proceedings were instituted been in the possession of all the relevant facts, it would not have been reasonable to institute the proceedings; and

b) that any act or omission of the defendant that contributed, or might have contributed, to the institution or continuation of proceedings was reasonable in the circumstances.

I certify that I made no order for costs against the informant, prosecutor or complainant.

Dated at ______________ this _______ day of ______________, 20___.


........................................................................
[signature]

[name]
JUDGE/MAGISTRATE​

Last updated:

31 Aug 2023