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

Costs

55.—(1) The following expenses shall be defrayed, up to the amount allowed by the Master (Taxing Office), by the Secretary of State—

(a) the expenses of any witnesses attending on the order of the Court of Appeal, or examined in any proceedings incidental to the appeal; and

(b) the expenses of the appearance of the subject of the serious crime prevention order or a party under section 24(2) on the hearing of the appeal, or in proceedings preliminary or incidental to it.

(2) The expenses of any solicitor or counsel assigned to the subject of the serious crime prevention order or a party under section 24(2) under article 54 shall be defrayed, up to the amount allowed by the Master (Taxing Office), by the Lord Chancellor.

(3) Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under paragraph (2), the solicitor or counsel may apply to that Master to review the Master’s decision.

(4) On a review under paragraph (3) the Master (Taxing Office) may confirm or vary the amount of expenses allowed.

(5) Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under paragraph (3), the solicitor or counsel may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.

(6) Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under paragraph (3), the Lord Chancellor may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.

(7) On any appeal under paragraph (5) or (6) the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.

(8) The power of the Master (Taxing Office) or the High Court to vary the amount of the expenses allowed under paragraph (2) includes power to increase or reduce the amount to such extent as the Master (Taxing Office) or, as the case may be, the High Court thinks fit.

(9) The reference in paragraph (2) to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been varied in accordance with paragraph (8), be construed as a reference to that amount as so varied.

(10) Where in any proceedings on an appeal or preliminary or incidental to such an appeal an interpreter is required because of the lack of English of the subject of the serious crime prevention order or a party under section 24(2), the expenses properly incurred on the interpreter’s employment shall be defrayed by the Secretary of State up to an amount allowed by the Court of Appeal.