- Latest available (Revised)
- Point in Time (12/04/2010)
- Original (As made)
Point in time view as at 12/04/2010.
There are currently no known outstanding effects for the The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010, Cross Heading: Costs in Criminal Cases Act (Northern Ireland) 1968.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2. Amend the Costs in Criminal Cases Act (Northern Ireland) 1968(1) as follows.U.K.
Commencement Information
I1Sch. 14 para. 2 in force at 12.4.2010, see art. 1(2)
3.—(1) Amend section 1(2) (expenses of prosecution) as follows.U.K.
(2) For subsection (1) substitute—
“(1) Where any criminal proceedings are instituted by or on behalf of, or taken over by, the Director of Public Prosecutions, the costs of the prosecution of such proceedings (including any costs incurred in connection with any matter preliminary or incidental to, and with any appeal from, those proceedings) shall, in accordance with arrangements approved by the Department of Finance and Personnel, be defrayed in the first instance by the Director.”
(3) In subsection (3) for “Ministry of Finance” substitute “Department of Finance and Personnel”.
Commencement Information
I2Sch. 14 para. 3 in force at 12.4.2010, see art. 1(2)
4.—(1) Amend section 2 (costs of prosecution in cases of conviction) as follows.U.K.
(2) For subsection (1)(a) substitute—
“(a)in the case of proceedings to which section 1(1) applies, to the Director of Public Prosecutions; and”.
Commencement Information
I3Sch. 14 para. 4 in force at 12.4.2010, see art. 1(2)
5.—(1) Amend section 3 (costs of defence in cases of acquittal, dismissal or discharge) as follows.U.K.
(2) For subsection (1)(i) substitute—
“(i)in the case of proceedings to which section 1(1) applies, order the Director of Public Prosecutions; and”.
(3) In subsection (5) for “Ministry” substitute “Director of Public Prosecutions”.
Commencement Information
I4Sch. 14 para. 5 in force at 12.4.2010, see art. 1(2)
6.—(1) Amend section 4(3) (costs awarded by Court of Appeal) as follows.U.K.
(2) In subsection (1)(a)—
(a)for “to the Secretary of State” substitute “to the Director of Public Prosecutions or any other person the Court thinks appropriate”;
(b)for “by the Secretary of State” substitute “by the Director of Public Prosecutions”.
(3) In subsection (2) for “Ministry” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.
(4) In subsection (2A) for “Secretary of State” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.
(5) In subsection (4) for the words from “subject,” to the end substitute “subject to section 25 of the Crown Proceedings Act 1947 where that section is applicable”.
Commencement Information
I5Sch. 14 para. 6 in force at 12.4.2010, see art. 1(2)
7. In section 5A(4) (fees of required interpreter) for “Ministry” substitute “Department of Justice”.U.K.
Commencement Information
I6Sch. 14 para. 7 in force at 12.4.2010, see art. 1(2)
8. In section 6(b)(5) (effect of costs of legal aid) for “Ministry” substitute “Director of Public Prosecutions”.U.K.
Commencement Information
I7Sch. 14 para. 8 in force at 12.4.2010, see art. 1(2)
9. In section 8 (saving) for “Ministry” substitute “Director of Public Prosecutions”.U.K.
Commencement Information
I8Sch. 14 para. 9 in force at 12.4.2010, see art. 1(2)
10. Omit section 9(6) (financial provisions).U.K.
Commencement Information
I9Sch. 14 para. 10 in force at 12.4.2010, see art. 1(2)
11.—(1) Amend section 10(7) (interpretation) as follows.U.K.
(2) In subsection (1), in the definition of “private prosecutor”, for “the Attorney General” substitute “the Director of Public Prosecutions, the Attorney General or the Advocate General”.
(3) Omit subsection (1A).
(4) In subsection (2) for the words from “the Ministry” to “as the case may be,” substitute “any person”.
Commencement Information
I10Sch. 14 para. 11 in force at 12.4.2010, see art. 1(2)
1968 c. 10 (N.I.). Functions under the Act were transferred by S.I. 1973/2163.
Section 1 was amended by S.I. 1973/2163 and S.I. 2003/1247 (N.I. 13).
Section 4(1) was substituted by S.I. 1982/159; and amended by the Criminal Appeal (Northern Ireland) Act 1980 (c. 47), Schedule 4, paragraph 6; S.I. 1988/1846 (N.I. 16); and S.I. 2004/1500 (N.I. 9).
Section 5A was inserted by section 18 of the Administration of Justice Act 1973 (c. 15).
Section 6(b) was amended by S.I. 1973/2163 and S.I. 1982/159.
Section 9 was amended by S.I. 1973/2163.
Section 10 was amended by S.I. 2003/1247 (N.I. 13) and the Statute Law Revision (Northern Ireland) Act 1980 (c. 50), Schedule, Part 4.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: