Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 374: To ask the Minister for Justice, Equality and Law Reform if individuals can have their legal costs awarded in respect of criminal proceedings taken against them where the individuals are found not guilty in the Circuit Court; and if he will make a statement on the matter. [21845/08]

Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 375: To ask the Minister for Justice, Equality and Law Reform if individuals can have their legal costs awarded in respect of criminal proceedings taken against them where the charges are struck out in the Circuit Court; and if he will make a statement on the matter. [21846/08]

Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 376: To ask the Minister for Justice, Equality and Law Reform if individuals can have their legal costs awarded in respect of criminal proceedings taken against them where the individuals are found not guilty in the District Court; and if he will make a statement on the matter. [21847/08]

Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 377: To ask the Minister for Justice, Equality and Law Reform if individuals can have their legal costs awarded in respect of criminal proceedings taken against them where the set charges are struck out in the District Court; and if he will make a statement on the matter. [21848/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 374 to 377, inclusive, together.

The Deputy will appreciate that I am not in a position as Minister for Justice, Equality and Law Reform to offer legal advice in response to Parliamentary Questions. However, I can say by way of general information that in criminal cases covered by the Criminal Justice (Legal Aid) Act 1962, the costs of both the prosecution and defence are borne by the State. In criminal cases not covered by the 1962 Act, it is only in rare instances that a court will award costs to either side. Where the prosecution is successful and the defendant is found guilty the State is generally required to pay its own costs. The defendant will also have to pay his or her legal advisers' fees. In some cases where the defendant is acquitted, the trial judge has a discretion to award costs against the State. In a summary prosecution in the District Court, rules of court provide that costs may never be awarded against a member of the Garda Síochána acting as prosecutor in discharge of his or her duties.