Prosecution of Offences Act 1985

21 Interpretation, etc. E+W

(1) In this Part—

• [F1 “ accused ” and “ appellant ”, in a case where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies, include the person approved under that section;]

• “defendant’s costs order ” has the meaning given in section 16 of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• [F3 “ legally assisted person ”, in relation to any proceedings, means a person to whom [F4 a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service] has been granted for the purposes of the proceedings;]

• “proceedings ” includes—

(a) proceedings in any court below; and

(b) in relation to the determination of an appeal by any court, any application made to that court for leave to bring the appeal; and

• “witness ” means any person properly attending to give evidence, whether or not he gives evidence or is called at the instance of one of the parties or of the court, but does not include a person attending as a witness to character only unless the court has certified that the interests of justice required his attendance.

(2) Except as provided by or under this Part no costs shall be allowed on the hearing or determination of, or of any proceedings preliminary or incidental to, an appeal to the Court of Appeal under Part I of the M1 Criminal Appeal Act 1968.

(3) Subject to rules of court made under section 53(1) of the M2 Supreme Court Act 1981 (power by rules to distribute business of Court of Appeal between its civil and criminal divisions), the jurisdiction of the Court of Appeal under this Part, or under regulations made under this Part, shall be exercised by the criminal division of that Court; and references in this Part to the Court of Appeal shall be construed as references to that division.

(4) For the purposes of sections 16 and 17 of this Act, the costs of any party to proceedings shall be taken to include the expense of compensating any witness for the expenses, trouble or loss of time properly incurred in or incidental to his attendance.

[F5 (4A) Where one party to any proceedings is a legally assisted person then—

(a) for the purposes of sections 16 and 17 of this Act, his costs shall be taken not to [F6 the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;] and

(b) for the purposes of sections 18 [F7 , [F8 to 19B] of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;] ]

(5) Where, in any proceedings in a criminal cause or matter or in either of the cases mentioned in subsection (6) below, an interpreter is required because of the accused’s lack of English, the expenses properly incurred on his employment shall not be treated as costs of any party to the proceedings.

(6) The cases are—

(a) where an information charging the accused with an offence is laid before a justice of the peace F9 . . . but not proceeded with and the expenses are incurred on the employment of the interpreter for the proceedings on the information; and

(b) where the accused is [F10 sent] for trial but not tried and the expenses are incurred on the employment of the interpreter for the proceedings in the Crown Court.

Annotations:

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Amendments (Textual)

F1 Definitions of "accused" and "appellant" in s. 21(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 15; S.I. 1995/3061, art. 3(d)(h)

F2 Definition of “legal aid order ” repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

F3 Definition substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 14

F4 Words in the definition of “legally assisted person ” in s. 32(1) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 30(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii); S.I. 2001/916, art. 3(a)(ii)

F5 S. 21(4A) inserted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 15

F6 Words in s. 21(4A)(a) substituted (2.4.2001) by 1999 c. 22, s. 106, Sch. 4 para. 30(3)(a) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F7 Words in s. 21(4A)(b) substituted (2.4.2001) by 1999 c. 22, s. 106, Sch. 4 para. 30(3)(b) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F8 Words in s. 21(4A)(b) substituted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 289; S.I. 2004/174, art. 2(b)

F9 Words in 21(6)(a) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)

F10 Word in s. 21(6)(b) substituted (9.5.2005 for certain purposes and otherwise prosp.) by Criminal Justice Act 2003 (c. 44), ss. 41, 336, Sch. 3 para. 57(4); S.I. 2005/1267, art. 2, Sch. Pt. 1 para. 1(m)

Marginal Citations

M1 1968 c. 19.

M2 1981 c. 54.