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Prosecution of Offences Act 1985

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This is the original version (as it was originally enacted).

17Prosecution costs

(1)Subject to subsection (2) below, the court may—

(a)in any proceedings in respect of an indictable offence;

and

(b)in any proceedings before a Divisional Court of the Queen's Bench Division or the House of Lords in respect of a summary offence ;

order the payment out of central funds of such amount as the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred by him in the proceedings.

(2)No order under this section may be made in favour of—

(a)a public authority ; or

(b)a person acting—

(i)on behalf of a public authority ; or

(ii)in his capacity as an official appointed by such an authority.

(3)Where a court makes an order under this section but is of the opinion that there are circumstances which make it inappropriate that the prosecution should recover the full amount mentioned in subsection (1) above, the court shall—

(a)assess what amount would, in its opinion, be just and reasonable; and

(b)specify that amount in the order.

(4)Subject to subsection (3) above, the amount to be paid out of central funds in pursuance of an order under this section shall—

(a)be specified in the order, in any case where the court considers it appropriate for the amount to be so specified and the prosecutor agrees the amount; and

(b)in any other case, be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section.

(5)Where the conduct of proceedings to which subsection (1) above applies is taken over by the Crown Prosecution Service, that subsection shall have effect as if it referred to the prosecutor who had the conduct of the proceedings before the intervention of the Service and to expenses incurred by him up to the time of intervention.

(6)In this section " public authority " means—

(a)a police force within the meaning of section 3 of this Act;

(b)the Crown Prosecution Service or any other government department;

(c)a local authority or other authority or body constituted for purposes of—

(i)the public service or of local government; or

(ii)carrying on under national ownership any industry or undertaking or part of an industry or undertaking; or

(d)any other authority or body whose members are appointed by Her Majesty or by any Minister of the Crown or government department or whose revenues consist wholly or mainly of money provided by Parliament.

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