The Practice Direction (Costs: Criminal Proceedings) [2004] 2 All ER 1070, which was handed down on 18 May 2004, deals with all aspects of costs in criminal proceedings. Costs are a critical but complex element of criminal litigation and, notwithstanding the Practice Direction, further guidance will be extremely valuable.

It is almost exactly 13 years since Lord Lane CJ handed down the previous direction dealing with costs in criminal proceedings. That Practice Direction was accompanied by the publication of a Guide to the Award of Costs in Criminal Proceedings, which set out to explain the complexities of this topic. Writing in the foreword to the earlier Guide, Lord Lane said:

“It is well that we should be familiar with our powers and with the circumstances in which they can be exercised, for both compensation and discipline are important. The importance of compensation is self-evident. So also is that of discipline. The continuing rise in the number of cases coming before the Crown Court calls for the greatest efficiency in the preparation and conduct of cases. An award of costs can penalise inefficiency and incompetence even in the most ordinary case.”

This is equally true today.