ABSTRACT
An order that the prosecutor’s costs be paid out of central funds may be made under s 17 of the Prosecution of Offences Act 1985. It applies only to private prosecutors, and so excludes the Crown Prosecution Service and any other public authority (for example, Customs and Excise, local authorities, etc). Furthermore, this section applies only to the prosecution of indictable offences (whether triable only on indictment or triable either way). According to the Practice Direction, an order should be made unless, for example, ‘proceedings have been instituted or continued without good cause’. Such an order can be made even though the defendant was acquitted.
