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Courts Act 2003

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This is the original version (as it was originally enacted).

94Award of costs in appeals under Proceeds of Crime Act 2002

This section has no associated Explanatory Notes

(1)Amend the Proceeds of Crime Act 2002 (c. 29) as follows.

(2)In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—

(4)Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—

(a)section 43(1) or (2) (appeals against orders made in restraint proceedings), or

(b)section 65 (appeals against, or relating to, the making of receivership orders),

are in the discretion of the court.

(5)Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.

(6)The court shall have full power to determine by whom and to what extent the costs are to be paid.

(7)In any proceedings mentioned in subsection (4), the court may—

(a)disallow, or

(b)(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 rules under section 91.

(8)In subsection (7) “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 legal or other representative or any employee of such 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.

(9)“Legal or other representative”, in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf.

(3)Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.

(4)In section 91 (Crown Court Rules) after “Crown Court Rules” insert “or (as the case may be) Criminal Appeal Rules”.

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