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Costs in Criminal Cases Act (Northern Ireland) 1968

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6Effect of costs of legal aid.N.I.

Notwithstanding anything to the contrary contained in sections 3, 4 and 5, where any costs of a defence or appeal are defrayable under [F1the Access to Justice (Northern Ireland) Order 2003] or under [F2 section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 M1]—

(a)no order shall be made under section 3(1) or (5), 4(2) or 5(1)( b) or (3) in favour of the defendant or appellant; and

(b)the appropriate court may, if the costs would, had any order been made under section 3(1) or 5(1)( b), have been payable to the defendant or appellant, as the case may be, by any person other than the [F3Director of Public Prosecutions] or any …F4 department of the Government of Northern Ireland, order the prosecutor or the respondent, as the case may be,[F5 to pay to the [F6Department of Justice the whole or any part of the costs of the criminal defence services funded by the Department of Justice for the defendant or (as the case may be) the appellant]].

F4SI 1973/2163

F5SI 1982/159

F6Words in s. 6(b) substituted (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), Sch. 4 para. 1(3)(b) (as amended (18.11.2014) by Legal Aid and Coroners’ Courts Act (Northern Ireland) 2014 (c. 11), Sch. 2 para 6(43)(a)(b)(i)); S.R. 2015/194, art. 2, Sch. (with art. 3)

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