Skip navigation

Application for costs against convicted defendants

Introduction

  1. The policy of the Attorney General is to apply for costs against convicted defendants unless a particular circumstance of the case means that application would lack merit or an order for costs would be impractical.
  2. The prosecuting Advocate should, generally, inform the Court that the costs figure sought are a minimum figure as a contribution to the overall cost of the prosecution and are not reflective of the true costs incurred, unless such remark would be inappropriate.

Full costs

  1. There will be various cases which are not suitable to be dealt with by reference to the table below. These are cases where costs are substantial and those costs are known. They include cases where companies are prosecuted for regulatory infractions. In those circumstances, if possible, a breakdown of the costs incurred should be handed to the Court on sentence. However, in run of the mill cases, the minimum costs applications should be made as set out below.
  2. Applications for costs should be considered against the background of the decision of the Jersey Court of Appeal in Michel and Gallichan v Attorney General in which the Court held, at paragraph 4 of the judgment:

"In R. -v- Northallerton Magistrates' Court, ex parte Dove (2000] 1 Cr. App. R. (S.) 136 at p. 142 the then Lord Chief Justice, Lord Bingham, set out a number of propositions derived from the authorities and applicable to applications for orders for prosecution costs in magistrates' courts. In our opinion the first three of these propositions are equally applicable to the kind of application presently before us and they are as follows:

(1)    An order to pay costs to the prosecutor should never exceed the sum which, having regard to the defendant's means and any other financial order imposed upon him, the defendant is able to pay and which it is reasonable to order the defendant to pay.
(2)    Such an order should never exceed the sum which the prosecutor has actually and reasonably incurred.
(3)    The purpose of such an order is to compensate the prosecutor and not to punish the defendant. Where the defendant has by his conduct put the prosecutor to avoidable expense he may, subject to his means, be ordered to pay some or all of that sum to the prosecutor."

  1. The relevant statutory provisions are:

Costs in Criminal Cases (Jersey) Law, 1961

"2.    Power of Royal Court or Magistrate's Court to award costs

(1)    Subject to the provisions of this Article, where any person is prosecuted or tried before a court to which this Article applies, the court may —

(a)    if the accused is convicted, order the accused to pay the whole or any part of the costs incurred in or about the prosecution and conviction; ..."

"3.    Power of Superior Number of Royal Court or Court of Appeal to award costs

(1)    The Superior Number of the Royal Court or the Court of Appeal may, when it dismisses an appeal, or application for leave to appeal, under Part 3 of the Court of Appeal (Jersey) Law, 1961, order the appellant to pay the whole or any part of the costs of the appeal or application, including the cost of any transcript of the shorthand notes of the proceedings at the trial made in accordance with a direction given by the Judicial Greffier under Article 42 of the said Law."

  1. The following scales are provided as guidance of the minimum level of costs incurred by the Crown. The scales are indicative of a single defendant, and the figure should be the same for each additional defendant. The costs are only to be sought when a Legal Adviser has been appointed to present the case for the Crown.

Magistrate’s Court

Guilty plea

£150 (if no more than two hearings including the first appearance)

£300 (more than two appearances including sentencing)
Summary trial/ Newton hearing/ Findings of fact

In addition to pre-trial hearing costs:

£500 for a half day trial/ Newton hearing

£1,000 for the first full day and £500 per part/ full day trial/Newton hearing thereafter

Royal Court

Guilty pleas / committals for sentence

£600 (if no more than two hearings including the first appearance)

£1,000 (more than two appearances including sentencing)
Trial/ Newton hearing/ Findings of fact

In addition to pre-trial hearing costs:

£1,200 for a half day trial/ newton hearing

£1,500 for the first full day and £1,200 per part/ full day trial/Newton hearing thereafter
Appeals

Against sentence: £600

Against Conviction: £1,500 for the first full day and £1,200 per part/ full day thereafter

Court of Appeal

  1. Full costs to be taxed subject to defendants’ ability to pay, subject to minimum application of costs applicable in Royal Court cases.

Issued: 25 August 2026