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Thursday, 11 December 2008
Costs for Acquitted Person
Judges could soon have the power to order costs and compensation to a person acquitted in court - if they find that the prosecution had been ‘frivolous’ in bringing charges against him.
Judges could soon have the power to order costs and compensation to a person acquitted in court - if they find that the prosecution had been ‘frivolous’ in bringing charges against him.
This appears to be a change of heart from the Law Ministry’s earlier stand that those brought before the court should not be compensated even if they are later found innocent.
It previously said that the Attorney-General does not take on a case ‘on behalf of himself’, but to protect the public interest, and this is carried out after studying police investigations on the case.
Under the proposed Criminal Procedure Code Bill, the courts will now be conferred a new power to order costs against the prosecution, in the event of such a case.
The same will apply for accused persons filing an appeal in both the High Court and Court of Appeal.
Currently, those who think they have been prosecuted maliciously can file a civil claim.
In other countries, an acquitted person would have to prove his innocence in order to get a compensation.
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Costs for Acquitted Person
By Sujin Thomas
11 December 2008
Judges could soon have the power to order costs and compensation to a person acquitted in court - if they find that the prosecution had been ‘frivolous’ in bringing charges against him.
This appears to be a change of heart from the Law Ministry’s earlier stand that those brought before the court should not be compensated even if they are later found innocent.
It previously said that the Attorney-General does not take on a case ‘on behalf of himself’, but to protect the public interest, and this is carried out after studying police investigations on the case.
Under the proposed Criminal Procedure Code Bill, the courts will now be conferred a new power to order costs against the prosecution, in the event of such a case.
The same will apply for accused persons filing an appeal in both the High Court and Court of Appeal.
Currently, those who think they have been prosecuted maliciously can file a civil claim.
In other countries, an acquitted person would have to prove his innocence in order to get a compensation.
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