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Clause 349

provides a broad power to the Magistrates' Court to award costs in a criminal proceeding or a purported proceeding and sets out the particular circumstances in which costs may be ordered. Under subclause (2), in exercising its discretion the court may decide when to order costs, against which party and what costs are to be paid and may take into account any unreasonable act or omission of the parties which resulted in prolonging the proceeding. The court may award costs against an informant if it strikes out a charge under clause 14(3), where the police officer or public official cannot prove that they have filed the charge-sheet and summons within 7 days of signing the charge-sheet. Under subclause (4), the court also has the power to award costs in a purported proceeding, that is, a proceeding which is beyond the jurisdiction of the court. This enables the court to award costs in a matter where it would otherwise lack the power to award costs because it does not have jurisdiction to hear the matter.