The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

Interpretation and transitional provision

13.—(1) In this Part—

“appeal costs order” means an order under article 14;

“applicant” means—

(a)

in Chapter 3, the person in whose favour an appeal costs order has been made, and

(b)

in Chapter 5, the person who has applied for a third party costs order;

“costs judge” means a taxing master of the Senior Courts;

“expenses” include compensation to a witness for the witness’s trouble or loss of time and out of pocket expenses;

“interested party” means—

(a)

the person who is a party to the appeal benefiting from the wasted costs order or third party costs order; and

(b)

where that person was receiving services funded for that person by the Legal Services Commission, or an order for the payment of costs out of central funds was made in that person’s favour, shall include the authority responsible for determining costs payable in respect of those services or out of central funds as the case may be;

“legal or other representative” means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any person who is a party to an appeal;

“presiding judge” means the judge that presided at the hearing in respect of which the costs are payable under an appeal costs order;

“proceedings before the Court of Appeal” means any proceedings before the Court of Appeal including an application for leave to appeal and an appeal;

“professional witness” means a witness practising as a member of the legal or medical profession or as a dentist, veterinary surgeon or accountant who attends to give professional evidence as to matters of fact;

“relevant amount” has the meaning assigned to it by article 32;

“third party” means a person who is not a party to the proceedings before the Court of Appeal;

“third party costs order” means an order under article 18;

“wasted costs order” means an order under article 17; and

“witness” means any person properly attending to give evidence, whether or not the person gives evidence or is called at the instance of one of the persons who is a party to the appeal or of the Court of Appeal, but does not include—

(c)

a person attending as a witness to character only unless the Court of Appeal has certified that the interests of justice required the witness’s attendance;

(d)

a member of a police force attending the Court of Appeal in the member’s capacity as such;

(e)

a full-time officer of an institution to which the Prison Act 1952(1) applies attending the Court of Appeal in the officer’s capacity as such; or

(f)

a prisoner in respect of any occasion on which the prisoner is conveyed to the Court of Appeal in custody.

(2) For the purposes of article 14, the costs of the subject of a serious crime prevention order or any party under section 24(2) shall be taken to include the expense of compensating any witness for the expenses, trouble or loss of time properly incurred in or incidental to the witness’s attendance.

(3) Where any person who is a party to an appeal is in receipt of services funded for that person by the Legal Services Commission, then—

(a) for the purposes of article 14, that person’s costs shall be taken not to include the cost of those services; and

(b) for the purposes of articles 15 to 20, that person’s costs shall be taken to include the cost of those services.

(4) In the application of this Part before the commencement of section 59(1) of the Constitutional Reform Act 2005(2) (renaming of Supreme Courts of England and Wales), the reference to the Senior Courts is to be read as a reference to the Supreme Court.

(1)

1952 c. 52.

(2)

2005 c. 4.