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Section 3

3.1 Private prosecutors' costs from Central Funds

This topic is dealt with at paragraph 3.1 of the Practice Direction http://www.courtservice.gov.uk/cms/media/costs_pd_180504.pdf. There will only be a limited number of cases in which a prosecutor’s costs may be awarded out of Central Funds because section 17 of the 1985 Act does not extend to the costs of a public authority or someone acting on behalf of a public authority or acting as an official appointed by that public authority as defined by the Act.

3.2 In the limited number of cases where an application is made, it will normally be granted unless it can be shown that there is a good reason for not doing so, such as the institution of or the continuation of the proceedings without good cause. This power will be rarely exercised however, since the Crown has the right to intervene, take over and discontinue any private prosecution.

 

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