JC v Director of Public Prosecutions (NSW)

The applicant, JC, sought judicial review of a decision by the Director of Public Prosecutions (NSW) to refuse to consider an application for a costs certificate. The dispute arose after JC was arraigned in the District Court, entered a plea of not guilty, but the indictment was subsequently withdrawn before a jury was empanelled. The Director's refusal was based on the premise that no trial had commenced, and therefore, the power to grant a costs certificate under s 2 of the *Costs in Criminal Cases Act 1967* (NSW) had not arisen. The matter was heard by Beazley P, Basten and Ward JJA of the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the "trial" within the meaning of s 2 of the *Costs in Criminal Cases Act 1967* (NSW) had commenced at the point JC was arraigned and entered a plea of not guilty, notwithstanding the subsequent withdrawal of the indictment before jury empanelment. This required the Court to interpret the meaning of "trial" in the context of the *Costs in Criminal Cases Act 1967* and its relationship with other relevant legislation, such as the *Criminal Procedure Act 1987* (NSW), which governs the conduct of criminal proceedings. The Court had to determine if the Director had failed to exercise its jurisdiction by refusing to consider the application on the basis that a trial had not commenced.

The Court of Appeal reasoned that the ordinary meaning of "trial" in a criminal context, particularly when read in conjunction with provisions like s 130 of the *Criminal Procedure Act 1987* (NSW), encompasses the stage when an accused is arraigned and enters a plea. The Court held that the commencement of the trial is not solely contingent on the empanelling of a jury. By refusing to consider the application for a costs certificate on the grounds that the trial had not commenced, the Director had failed to exercise its jurisdiction.

Consequently, the Court of Appeal set aside the judgment of the District Court that had dismissed JC's application for a costs certificate. The Court declared that it had the power to grant a certificate pursuant to s 2 of the *Costs in Criminal Cases Act 1967* (NSW) in the circumstances of the case and remitted the matter to the District Court for determination in accordance with this declaration.