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Administration of Justice Act 1973

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This is the original version (as it was originally enacted).

17Payment of interpreters in criminal cases (England and Wales)

(1)Where in any criminal proceedings an interpreter is required because of a defendant's lack of English, the expenses properly incurred on his employment shall be ordered by the court to be paid out of central funds ; and—

(a)where there is laid before a justice of the peace for any area an information charging with an offence a person who because of his lack of English would require an interpreter on his trial, but the information is not proceeded with, then, if he has incurred expenses on the employment of an interpreter for the proceedings on the information, he may apply to a magistrates' court for that area and the court shall order the payment out of central funds of the expenses properly so incurred by him; and

(b)where such a person is committed for trial but is not ultimately tried, then if he has incurred expenses on the employment of an interpreter for the proceedings in the Crown Court, he may apply to the Crown Court and the court shall order the payment out of central funds of the expenses properly so incurred by him.

(2)In this section " criminal proceedings " means any proceedings in which a court has power under the Costs in Criminal Cases Act 1973 to make an order for payment of costs out of central funds or would have power to do so if any reference in that Act to an indictable offence were a reference to any offence; and sections 13 to 17 of that Act (which relate to the procedure for implementing orders under the Act and other supplemental matters) shall apply in relation to this section as they apply in relation to that Act, except that—

(a)in section 15 (costs ordered by magistrates' court to be paid out of central funds) subsection (1) shall apply as if the reference in paragraph (a) to an indictable offence included any offence, and shall also apply where an order is made by a magistrates' court under subsection (1)(a) above ; and

(b)section 16(2) (payment of costs ordered to be paid out of central funds and by accused or prosecutor) shall not apply so as to require a defendant to reimburse any costs paid out of central funds by virtue of this section.

(3)In this section "court" includes the House of Lords, and " defendant" means the person (whether convicted or not) who is alleged to be guilty of an offence.

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