In the ACT, there is no power under the Court Procedures Rules 2006 to award costs in favour of or against the Crown in criminal proceedings, including interlocutory proceedings between committal and arraignment. The definition of 'criminal proceeding' encompasses the whole of the procedures from committal, not merely from arraignment. Even if inherent jurisdiction provides a residual power, the long-established practice against costs in criminal proceedings means it will not ordinarily be exercised. The rule-making power under Schedule 1, item 30(m) of the Court Procedures Act to make rules for costs payable to defendants has not been exercised.
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