Do You Pay Court Costs if Found Not Guilty?

The General Rule: No Costs if You Are Acquitted

If you are charged with a criminal offence, plead not guilty, and are later found not guilty at trial, you will not usually have to pay court costs. This applies whether your case is heard by magistrates or goes before a jury in the Crown Court.

Being acquitted means the prosecution has not proved its case against you. The court will not then ask you to cover the costs of bringing that failed case.

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Getting Your Own Costs Back

After an acquittal, you may be able to recover some of your own expenses. Your legal representative can ask the court to make a defendant's costs order, which allows certain costs to be paid from central funds.

These recoverable costs can include:

• Travel expenses for attending court hearings
• Loss of earnings for time spent at court
• Other reasonable expenses directly linked to defending yourself

The amount you can claim must be reasonable, and the court has discretion over what it allows. Your solicitor or barrister should gather details of your expenses throughout the case so they can present an accurate figure if needed.

For privately funded legal representation, the rules around recovering solicitor and barrister fees changed in 2012. In many cases, defendants who paid for their own lawyers can no longer recover the full amount from central funds. The rates payable are often capped well below what private legal fees actually cost. Check GOV.UK for current guidance on defendant's costs orders.

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How to Apply for Costs

A costs order is not given automatically when you are found not guilty. Your legal representative must make an application at the right moment, which is typically straight after the verdict is announced.

If you are representing yourself, you can make this request directly to the bench or judge. Be prepared with a clear summary of the expenses you are claiming.

The court will then decide whether to grant the order and, if so, how much to allow. In straightforward cases this happens quickly, but more complex claims may take longer to assess.

When You Might Still Face Costs

There are limited situations where an acquitted defendant could still be asked to pay some costs. This is rare and usually only happens where the defendant's own conduct caused unnecessary expense during the proceedings.

For example, if you failed to attend hearings without good reason or caused delays through your own actions, the court may decline to award costs in your favour or make a partial order against you.

If you are unsure about your position, speak to a solicitor or contact Citizens Advice for guidance on your specific circumstances.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Sentence Guide lets you wondering what sentence to expect? Tell us the offence and circumstances and get a plain English guide to the likely sentencing range and what factors affect it. Try it now →