Costs
809 (1) The summary conviction court may in its discretion award and order such costs as it considers reasonable and not inconsistent with such of the fees established by section 840 as may be taken or allowed in proceedings before that summary conviction court, to be paid
(a) to the informant by the defendant, where the summary conviction court convicts or makes an order against the defendant; or
(b) to the defendant by the informant, where the summary conviction court dismisses an information.
Order set out
(2) An order under subsection (1) shall be set out in the conviction, order or order of dismissal, as the case may be.
Costs are part of fine
(3) Where a fine or sum of money or both are adjudged to be paid by a defendant and a term of imprisonment in default of payment is imposed, the defendant is, in default of payment, liable to serve the term of imprisonment imposed, and for the purposes of this subsection, any costs that are awarded against the defendant shall be deemed to be part of the fine or sum of money adjudged to be paid.
Where no fine imposed
(4) Where no fine or sum of money is adjudged to be paid by a defendant, but costs are awarded against the defendant or informant, the person who is liable to pay them is, in default of payment, liable to imprisonment for one month.
Definition of costs
(5) In this section, costs includes the costs and charges, after they have been ascertained, of committing and conveying to prison the person against whom costs have been awarded.
Annotations
- Part XXVII