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Criminal Appeal (Northern Ireland) Act 1980

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28 Costs.E+W+S+N.I.

(1)Except as provided by the M1Costs in Criminal Cases Act (Northern Ireland) 1968 or any other Northern Ireland legislation, no costs shall be allowed on the hearing and determination of an appeal under this Part of this Act, or of proceedings preliminary or incidental to such an appeal.

(2)[F1The following expenses, that is to say—]

(a)the expenses of any solicitor or counsel assigned to an appellant under [F2section 19(1)]F2 of this Act;

(b)the expenses of any witnesses attending on the order of the Court of Appeal, or examined in any proceedings incidental to the appeal;

(c)the expenses of the appearance of an appellant on the hearing of his appeal, or in proceedings preliminary or incidental thereto;

(d)all expenses of or incidental to any examination of witnesses conducted by a person appointed by the Court for the purpose; and

(e)all expenses of or incidental to any reference of a question to a special commissioner appointed by the Court, or of any person appointed as assessor to the Court [F3shall, up to an amount allowed by the Master (Taxing Office) be defrayed, in the case of expenses within paragraph (a), by the Lord Chancellor and, in any other case by the [F4Director of Public ProsecutionsF4]].

[F5(2AA)The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.]

[F6F5(2A)Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under subsection (2)(a) [F7or (2AA)]F7 above, he may apply to that Master to review his decision.

(2B)On a review under subsection (2A) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him.

(2C)An application under subsection (2A) shall be made, and a review under that subsection shall be conducted, in accordance with rules of court.

(2D)Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above, he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.

(2E)Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above in relation to the expenses of a solicitor or counsel, he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.

(2F)On any appeal under subsection (2D) or (2E) above the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.

(2G)The power of the Master (Taxing Office) or the High Court to vary the amount of expenses allowed under subsection (2)(a) [F8or (2AA)]F8 above includes power to increase or reduce that amount to such extent as the Master or (as the case may be) the High Court thinks fit; and the reference in [F9subsections (2) and (2AA)]F9 above to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been so varied, be construed as a reference to that amount as so varied.]

(3)Where in any proceedings on an appeal to the Court under this Part of this Act or preliminary or incidental to such an appeal an interpreter is required because of an appellant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the [F10Department of Justice]F10 up to an amount allowed by the Court.

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Amendments (Textual)

F1Words substituted by S.I. 1982/159, art. 4, Sch. para. 4

F3Words inserted by S.I. 1982/159, art. 4, Sch. para. 4

Modifications etc. (not altering text)

C1Functions of the Secretary of State under s. 28(2) so far as relating to the expenses mentioned in para. (a) of that subsection now exercisable by the Lord Chancellor: S.I. 1982/159, arts. 2(1)(c), 4

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