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Part 2Justices of the peace

Protection and indemnification of justices and justices' clerks

34Costs in legal proceedings

(1)A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.

(2)A court may not order—

(a)a justices' clerk, or

(b)an assistant clerk,

to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justices' clerk or assistant clerk exercising, by virtue of an enactment, a function of a single justice of the peace.

(3)But subsections (1) and (2) do not apply in relation to any proceedings in which a justice of the peace, justices' clerk or assistant clerk—

(a)is being tried for an offence or is appealing against a conviction, or

(b)is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

(4)A court which is prevented by subsection (1) or (2) from ordering a justice of the peace, justices' clerk or assistant clerk to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

(5)The Lord Chancellor may make regulations specifying—

(a)circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and

(b)how the amount of any payment ordered under subsection (4) is to be determined.