Costs
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines the processes for applying for costs incurred during criminal proceedings, detailing provisions from the Prosecution of Offences Act 1985. It specifies circumstances under which applications for costs may be made against convicted defendants and guidelines for other costs applications, including wasted costs. It emphasizes the need for just and reasonable assessments of costs in line with case complexities and related factors.
Key points
- Applications for costs should generally be made against convicted defendants unless justified otherwise.
- The court may award costs it considers just and reasonable under section 18 of the POA 1985.
- Costs orders are meant to reflect actual public expenditure, not to punish defendants.
- CPS's scale of costs serves as a guide but can be adjusted for complexity in cases.
- Costs can include witness fees and expenses related to the investigation if justifiable.
Public-interest factors
- Prosecuting costs should be borne by convicted defendants unless there are good reasons.
- Costs applications should not be punitive but reflect public cost liability.
- Maintaining fairness and reasonableness in costs assessment is critical.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.