The Armed Forces (Proceedings) (Costs) Regulations 2009

Unnecessary or improper acts or omissions

3.—(1) Subject to the provisions of this regulation, where at any time during proceedings before—

(a) the Court Martial,

(b) the Summary Appeal Court,

(c) the Service Civilian Court, or

(d) the Court Martial Appeal Court

the court is satisfied that costs have been incurred in respect of the proceedings by one of the parties as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, the court may, after hearing the parties, order that all or part of the costs so incurred by that party shall be paid to him by the other party.

(2) Before making an order under paragraph (1), the court shall take into account any other order as to costs (including any order under a legal aid scheme operated by any of Her Majesty’s forces) which has been made in respect of the proceedings.

(3) An order made under paragraph (1) shall specify the amount of costs to be paid in pursuance of the order.

(4) Where an order has been made under paragraph (1), the court may take that order into account when making any other order as to costs in respect of the proceedings.

(5) No order shall be made under paragraph (1) by the Service Civilian Court which requires a person under the age of eighteen who has been convicted of an offence to pay an amount by way of costs which exceeds the amount of any fine imposed on him by that court.