Published 26 August 2019
Application for criminal costs — sexual offending — acquitted — Costs in Criminal Cases Act 1967, s 5. The defendant made an application for criminal costs following his jury acquittal on two charges of indecently assaulting a child under 12 years. The application was made under the Costs in Criminal Cases Act, the basis of which is laid out under s 5. The defence submitted that the prosecution should not have advanced because there was a lack of independent corroboration and particular DNA tests were not made. The Judge disagreed, finding that the prosecution acted in good faith in bringing and continuing the proceedings although ultimately the jury found reasonable doubt. Further, the DNA tests raised would not have been practicable. An acquittal is not itself sufficient reason to grant criminal costs, therefore the application was denied. Judgment Date: 12 February 2019. * * * Note: names have been changed to comply with legal requirements. * * *
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