Ask a Law Question, Get an Answer ASAP!
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
As far as the unpaid work and the misery to your life generally you will not be able to claim anything for this. As far as your costs are concerned these are certainly claimable. Were you represented by a solicitor, if so he should have asked for a costs order from central funds in your favour.
Yes I was represented by barrister in crown court , through a solicitor who was responsible for magistrate court .They have told me that I can't claim any costs for magistrate court!
Did he give you any reason for this. Was there something about the way you conducted your defence in the magistrates court that prevents you claiming costs?
They did not really give a reason ! other than the Judge awarded costs for the crown court and not the magistrate court! they stated I can't claim for magistrates ??
Set out below is the relevant statutory provision.
Magistrates’ Courts Act 1980, s 108
Right of appeal to the Crown Court
108.—(1) A person convicted by a magistrates’ court may appeal to the Crown Court—
(a) if he pleaded guilty, against his sentence;
(b) if he did not, against the conviction or sentence.
(1A) Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (under which a conviction of an offence for which an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.
(2) A person sentenced by a magistrates’ court for an offence in respect of which an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
(3) In this section ‘sentence’ includes any order made on conviction by a magistrates’ court, not being—
. . .
(b) an order for the payment of costs;
(c) an order under section 37(1) of the Animal Welfare Act 2006 (which enables a court to order the destruction of an animal); or
(d) an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or its terms
and also includes a declaration of relevance, within the meaning of section 23 of 9 the Football Spectators Act 1989.
(4) Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 161A of the Criminal Justice Act 2003.
Subsection (3)(d) rules out the ability to seek an order for costs relating to the hearing at first instance. It seems the advice you have had is right.
well in that case I'm willing to go all the way to right this wrong , Who do I take it up with? the attorney general?
I don't think you can take it further.