A court may stay criminal proceedings pending payment by the Crown of the defence's reasonable costs thrown away by an adjournment, where the Crown set the matter down for trial knowing it lacked crucial evidence. The general rule that costs cannot be ordered at the conclusion of a criminal trial does not preclude imposing a costs requirement as a condition of a stay. The right to trial without unreasonable delay under s 22(2)(c) of the Human Rights Act 2004 (ACT) places an obligation on the DPP to determine whether it has evidence to go to a jury before listing a matter for trial.
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