The defined term 'professional costs' in s 211 of the Criminal Procedure Act 1986 (NSW) does not extend to the value of time spent by a litigant in person, even if a legal practitioner, in conducting his or her own proceedings. A costs order that includes such an amount constitutes jurisdictional error. The Chorley exception does not apply to costs awarded under the Criminal Procedure Act. The introduction of the word 'payable' in the definition of 'costs' in the Civil Procedure Act 2005 (NSW) may require reconsideration of the Chorley principle in civil proceedings.
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