A criminal court has power to stay proceedings until the Crown pays the defendant's wasted costs from an aborted trial, even where the Crown is not seeking an adjournment but proposes to exercise its right to proceed to a further trial. This power is not confined to cases where a future trial would be unfair under Dietrich; it extends to preventing the unfair use of the court's processes where the Crown's fault caused the abortion of an earlier trial. The distinction between an order for costs (impermissible) and a stay until costs are paid (permissible) is real and important. The power is reserved for rare and extreme cases of gross unfairness on the part of the Crown.
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