A magistrate has refused to award costs to the Aboriginal Legal Service after charges against its client was withdrawn because CCTV showed the accused allegedly being bashed by police, not the other way around.

Broken Hill man Jayden Turley, 23, was accused of assaulting police after being brought into custody for using offensive language against police in Broken Hill in December last year.

The charges were withdrawn after it was revealed that three police statements included the same typing mistakes and CCTV footage did not match up with the statements by police alleging Mr Turley tried to spit at them.

In a judgment this morning, Magistrate Geoff Dunlevy said legal costs could not be awarded to the ALS because Mr Turley did not actually incur any costs personally.

Solicitor Stephen Lawrence says that decision could be appealed to the Supreme Court.

"The footage is very disturbing," he said.

"The Aboriginal Legal Service is instructed to refer it to the professional standards part of the police force and also to refer our client for possible civil action."

Mr Lawrence says the footage raises questions about police brutality.

"If this is how police act when their actions are being recorded by CCTV, one can only speculate what is happening when there is no recording happening," he said.

Prosecutor Brad Scanlan said the charges were withdrawn because of the low prospect of conviction, adding that it was possible the three police officers' statements were all the same because they actually did say "what you're the problem?" to the accused.

The magistrate did not make a ruling on whether the original prosecution was wrongful.