In a juvenile case, whose costs are covered by this provision, and where does the amount actually come from?
General information · Not legal advice
Material to check
In a practice file we read the papers listing who was summoned to the hearing and in what capacity, the record showing each person appeared and gave a statement, and any receipt or voucher for expenses, lodging and other costs paid out to that person.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the direction to apply the cost provisions of the Criminal Procedure Act at face value: in juvenile proceedings, the expenses, lodging costs and other costs paid to a witness, expert witness, interpreter and translator are governed by those provisions, so this provision on its own sets no amount and the file has to show what the referenced Act provides.
Another reading looks at the extension in the second paragraph: the costs of a person heard for reference are covered only by applying the first paragraph to that person, so the same external provisions govern, and it remains for the papers to show in what capacity that person was heard, since the provision does not define that role.
Your judgment
Where a person heard at the hearing is recorded in an unclear capacity, what in the record would show whether that person was a witness, an expert witness or a person heard for reference?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the cost provisions of the Criminal Procedure Act are amended, which would change the amounts reached by the reference, or if a decision explains which capacity covers a particular kind of hearing participant.