› Higher Court scale applied in absence of criminal scale
Quick Take
1Under r 191.3 of the Joint Criminal Rules 2022 (SA), the court retains discretion to depart from the ordinary fixed costs amount of $750 in criminal appeals where the case is not 'ordinary' — factors justifying departure include the complexity and novelty of the legal questions, the need for extensive preparation and senior counsel, the broader significance of the decision, and the non-party status of the successful respondent.
2Impecuniosity or receipt of legal aid is not a basis to oppose an otherwise appropriate costs order exceeding the fixed amount in criminal appeals.
3Where the Joint Criminal Rules lack an appropriate costs scale for a Supreme Court criminal appeal, the Higher Court scale under sch 6 pt 2 of the Uniform Civil Rules 2020 (SA) may be applied.
