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Armed Forces Act 2001

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This is the original version (as it was originally enacted).

27Costs against legal representatives etc

This section has no associated Explanatory Notes

(1)In any proceedings for an offence under any of the services Acts

(a)a court-martial,

(b)a summary appeal court,

(c)the Courts-Martial Appeal Court, or

(d)a Standing Civilian Court,

may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.

(2)Regulations shall provide—

(a)that a legal or other representative against whom action is taken by a court-martial under subsection (1) may appeal to the Courts-Martial Appeal Court, and

(b)that a legal or other representative against whom action is taken by a summary appeal court or a Standing Civilian Court under subsection (1) may appeal to the High Court in England and Wales.

(3)In this section—

  • “legal or other representative”, in relation to any proceedings, means—

    (a)

    a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings, or

    (b)

    a prosecuting officer appointed under section 83C of either of the 1955 Acts or under section 52J of the 1957 Act;

  • “regulations” means regulations made by the Secretary of State;

  • “wasted costs” means any costs incurred by a party—

    (a)

    as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or

    (b)

    which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

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