For the purposes of s 2(1)(a) of the Costs in Criminal Cases Act 1967 (NSW), a trial commences when the accused is first arraigned and enters a plea of not guilty after presentation of an indictment, not when the jury is empanelled. Accordingly, a costs certificate may be granted where the Director of Public Prosecutions directs that no further proceedings be taken after arraignment but before empanelment. The meaning of 'trial' in the Costs Act is to be construed by reference to s 130 of the Criminal Procedure Act 1986 (NSW).
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