9(1)Section 36 of the Criminal Justice Act 1972 (reference of point of law following acquittal on indictment) is amended as follows.E+W
(2)In subsection (5) omit “to his costs, that is to say”.
(3)Omit subsection (5A).
(4)After that subsection insert—
“(5A)Subsection (5) has effect subject to—
(a)subsection (5B), and
(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).
(5B)A person is not entitled under subsection (5) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.
(5C)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of central funds under subsection (5) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.”