Will I Get My Legal Costs Back If I Am Found Not Guilty?

Will I Get My Legal Fees Back If I Am Found Not Guilty?

Preparing for criminal proceedings is stressful and upsetting without the added pressure as to how you are going fund your legal representation. At Eventum Legal we empathise with the financial strain legal services can place on the accused and their families and do our upmost to work with you when it comes to funding your defence.

An initial question from many of our clients is whether they will be able to claim back their legal costs if they are found not guilty. Claiming your legal costs back if you are found not guilty is possible in certain circumstances, but ultimately the decision as to whether you are entitled to any of your legal costs back would be that of the court at the conclusion of your trial, following an application for wasted costs.

It is important at the outset of your case to establish the likely costs involved at various stages of proceedings, and also your entitlement to any assistance with legal fees through Legal Aid.

Legal Cost Considerations in Criminal Proceedings

Depending on the nature of your case you may have various costs to consider, your lawyers fees, barrister fees where one is required to represent you at Court, and any fees you may incur if a defence expert witness is required to prepare a report, such as; psychology/psychiatric reports, reports involving a particular area of medical expertise, toxicology experts, and or digital and CCTV forensic experts. Therefore, there is not one set cost for all cases, legal costs vary based on the work that is required to defend your case.

If you are funding your case privately you will be responsible for meeting the costs, and we understand the additional anxiety and stress that can be caused by having to do this. Therefore, ensuring we do our very best to obtain some if not all of your costs back for you at the conclusion of your case is a consideration we have throughout our representation of you.

Who Will Pay My Cost Back If I Am Found Not Guilty?

The Crown Prosecution Service (CPS) would be ordered by the court to pay your costs however, the CPS is not a party in the same way individuals or companies are in civil disputes, because the CPS represents the public interest, not a private one. Therefore, even if you are found 'not guilty', the court does not automatically order the CPS to pay your legal costs. An application has to be made by your legal team, and even then it is at the judges discretion as to whether any expenses are returned to you.

The court has a range of options at its discretion when it comes to awarding costs. For example, you might be found 'not guilty' of one charge but guilty of another. In such cases, the court will weigh various factors to decide whether you should be granted a Defence Costs Order to recover some or all of your legal expenses.

Even if you are acquitted, the court may consider other factors like the reasonableness of the costs you have incurred and your conduct during the case. Did you cooperate fully with the investigation? Were there any actions or decisions you took that unnecessarily complicated the case or increased costs? The court might find you responsible for covering these expenses yourself.

Circumstances Where you May be Eligible to Get Your Costs Back in a Criminal Case

If you are acquitted of a sexual offence or an offence of domestic abuse you may be eligible to claim back your legal costs through what is known as a 'Defence Costs Order'. This order allows you to recover some of your legal costs. However, it is not automatic and there are conditions that must be met.

Firstly, you must be acquitted or have your case dismissed or discontinued to be eligible for the Order. If you are found guilty, even on a lesser charge, this option is generally not available.

Your behaviour and cooperation during the investigation and trial can also impact your ability to claim back costs. For example, if you have been found to have obstructed the investigation or provided false information, the court may be less inclined to award you a Defence Costs Order.

Timing can also be a factor. If you have incurred costs due to delays that were not your fault, such as postponements by the court or the prosecution, these costs may be more readily recoverable.

How Do I Claim My Legal Costs Back?

At the conclusion of your trial your defence team should guide you on making an application for a Defence Costs Order. There are steps that must be taken.

1. The court must be informed that you wish to apply for wasted costs.

2. A cost schedule must be provided to the court by your lawyers. This sets out the fees paid, and the work carried out in your case.

3. The court will consider the application, and an oral hearing is likely to be held where the application is not agreed by the CPS.

There are two pathways which can be used to claim back costs:

An application under section 16 of the Prosecution of Offences Act 1985. This allows a defendant to obtain costs from central funds, meaning the amount paid back to the defendant would be paid at Legal Aid rates, even where the defendant may have incurred costs which are substantially more.

An application under section 19 of the Prosecution of Offences Act 1985 can be made for full costs in any case where the court is satisfied that one party to criminal proceedings has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, to make an order as to the payment of those costs.

Whether or not you have applied for legal aid can impact the application for wasted costs. Applying for legal aid, even where you know you may be refused can be helpful for wasted costs applications when a case has been funded privately. It is important you discuss this with your lawyer during your initial consultations with them.

How will the Court Decide If I Get My Legal Costs Back?

The court will assess and scrutinise the application for costs submitted by your legal team and consider whether the expenses claimed are reasonable taking into their considerations any overly complex issues in the case and any delays that were caused to proceedings by the prosecution.

How We Can Help You?

Transparency on costs is paramount, what we do not want is for you to be navigating your case and being continuously hit with invoices that were never anticipated at the outset, as many law firms do.

Once we have established fees at the outset we can then move to work on building your defence. In some cases fees can arise which were not anticipated at the beginning of the case, but this is something we would provide you with advice on initially, and work with you to ensure you are not surprised if they arise.

Throughout your case all of our work will be accurately recorded so that when it comes to determine your costs for an application for wasted cost we can get as much as possible returned to you.

Upon the conclusion of your case we will always assess your eligibility for a defence costs order. If you wish for us to do so we would make an application for costs and prepare clear and strong schedules to justify your legal expenses.

If you would like to discuss funding your case, and getting back your legal costs at the conclusion then contact our lawyers for a free initial consultation, we will be happy to help you.

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