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Administration of Justice Act 1960

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This is the original version (as it was originally enacted).

8Legal aid and costs on appeal from Court of Criminal Appeal

(1)Section ten of the Criminal Appeal Act, 1907 (which enables the Court of Criminal Appeal to grant legal aid to an appellant under that Act), and subsection (3) of section three of the Costs in Criminal Cases Act, 1952, so far as it relates to the payment out of local funds of the fees of counsel and the expenses and fees of any solicitor assigned to an appellant under the said section ten, shall have effect as if references to an appeal and an appellant included references to an appeal under section one of this Act and to the defendant (whether appellant or respondent in the appeal).

(2)In relation to any expenses or fees payable out of local funds by virtue of the foregoing subsection, subsection (3) of section three of the Costs in Criminal Cases Act, 1952, shall have effect as if for the words " up to an amount allowed by the Court " there were substituted the words

up to an amount allowed by the House of Lords or by such officer or officers of that House as may be prescribed byorder of that House ".

(3)Where the Court of Criminal Appeal or the House of Lords dismisses an application for leave to appeal from that court, that court or that House may, if it thinks fit.—

(a)where the application was made by the prosecutor, order the payment out of local funds of such sums as appear to it reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application;

(b)where the application was made by the defendant, order him to pay the whole or any part of the costs of the application.

(4)Except as provided by this section and section four of the Costs in Criminal Cases Act, 1952 (which empowers the House of Lords to award costs to a defendant who is successful on an appeal to that House), no costs shall be allowed on the hearing or determination of an appeal under section one of this Act from the Court of Criminal Appeal or of any proceedings preliminary or incidental to such an appeal.

(5)Subsection (3) of this section shall be construed as on& with the Costs in Criminal Cases Act, 1952.

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