Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

Costs in private prosecutions (England and Wales): defendant orders, central funds recovery, defence costs, wasted/third-party orders, civil proceedings, procedure and appeals

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Practice notes

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Key documents

This PrACTice Note should be read alongside the following legislation and Practice Direction:

Prosecution of Offences Act 1985 (POA 1985)
Costs in Criminal Cases (General) Regulations 1986 (1986 Regulations), SI 1986/1335
Practice Direction (Costs in Criminal Proceedings) 2015 [2015] EWCA Crim 1568 (as amended), and
Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 45

Who can obtain costs in a Private Prosecution?

Private prosecutor’s costs from defendants

In a private prosecution, the court may direct that the defendant pays the prosecution’s costs in the same circumstances as a public prosecution, specifically where:

the magistrates’ court has convicted the defendant of an offence
the Crown Court has dismissed an appeal against conviction
the Crown Court has convicted the defendant of an offence
an application to appeal against conviction has been refused by the Court of Appeal, or
an appeal against conviction has been dismissed by the Court of Appeal

A costs order against a defendant ought to be made when the court is satisfied that the defendant or appellant has the means and ability to meet it. Under POA 1985, s 19...

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Web page updated on 21/05/2026

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