Darroch (Respondent) v Her Majesty's Attorney General for the Isle of Man (Appellant) (Isle of Man)
Case ID: JCPC 2018/0082
Jurisdiction: The High Court of Justice of the Isle of Man (Staff of Government Division)
Does a decision by the prosecution not to apply for an order for costs against a convicted defendant pursuant to s 48 Criminal Justice Act 1993 deprive the sentencing court of jurisdiction to make such an order on application by the prosecution at a subsequent sentencing hearing?
The respondent was convicted of 13 counts of theft, false accounting, forgery and conspiracy to pervert the course of justice. At his sentencing hearing on 26 November 2014 the prosecution told the court that it was not making an application for costs against the respondent. The application for a confiscation order was adjourned. On 17 December 2014 the prosecution wrote to the court and to the respondent advising that on reflection it intended to apply for a costs order. After the confiscation hearing the Deemster ordered the respondent to pay a contribution towards prosecution costs of £175,000 with a 3 year term of imprisonment in the event of default. The Staff of Government Division allowed the respondent’s appeal on the ground that the prosecution’s deliberate decision not to apply for costs at the sentencing hearing prevented it from making a subsequent application.
Her Majesty's Attorney General for the Isle of Man
Lord Reed, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Briggs
Hearing start date
07 Mar 2019
Hearing finish date
07 Mar 2019