Joseph Olaniregun [2019] EWCA Crim 1294

The appellant was ordered to pay £500 prosecution costs along with a custodial sentence, he appealed simply against the costs order. At the time of sentence he was effectively stateless and had no means of earning a living and was not entitled to benefits. The Recorder, in addressing the application for costs accepted the applicant’s means were limited but saw no reason not to order him to pay costs. She ordered the £500 to be paid within 28 days of release and to contact the fines review officer at magistrates’ court for a means assessment if he could not pay in full.

Held: if a costs order is to be made there should be some enquiry as to the offender’s means and ability to pay. By assuming the applicant would have sufficient funds to pay upon his release the Recorder fell into error and made an order that was wrong in principle. Leaving the fines review officer to resolve the issue was not an appropriate way of dealing with the matter. The order for costs was quashed.