364Costs orders

1. In this section,—

   costs order means an order under subsection (2)

   procedural failure means a failure, or refusal, to comply with a requirement imposed by or under this Act or any rules of court or regulations made under it, or the Criminal Disclosure Act 2008 or any regulations made under that Act

   prosecution—

   1. means any proceedings commenced by the filing of a charging document; but
   2. does not include an appeal.

2. A court may order the defendant, the defendant's lawyer, or the prosecutor to pay a sum in respect of any procedural failure by that person in the course of a prosecution if the court is satisfied that the failure is significant and there is no reasonable excuse for that failure.

3. The sum must be no more than is just and reasonable in the light of the costs incurred by the court, victims, witnesses, and any other person.

4. A costs order may be made on the court's own motion, or on application by the defendant, the defendant's lawyer, or the prosecutor.

5. Before making a costs order, the court must give the person against whom it is to be made a reasonable opportunity to be heard.

6. A costs order may be made even if the defendant has not yet been convicted, or is eventually discharged, or the charge is dismissed.

7. The court may make more than 1 costs order against the same person in the course of the same prosecution.

8. The court may order that some or all of the amount ordered to be paid under a costs order be paid to any person connected with the prosecution.

9. Subsections (2) to (8) do not limit or affect the Costs in Criminal Cases Act 1967.