The discretion to award costs under s 189(1) of the Summary Procedure Act 1921 (SA) is at large and is not fettered by a requirement of 'exceptional circumstances' before departing from the Magistrates Court Criminal Scale of Costs. [name withheld] v Police's reference to 'exceptional circumstances' applies only to indemnity costs. Predictability of costs, the punitive effect of a significant costs order, and the prospect of deterring prosecution or defence are not relevant factors limiting the quantum of a compensatory costs award.
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