Costs in Criminal Cases Act (Northern Ireland) 1968

5 Costs awarded by county courts on appeals. N.I.

(1) A county court, when exercising, in criminal appeals, the jurisdiction conferred on it by [F1 Part IV of the County Courts (Northern Ireland) Order 1980 M1 ], may—

(a) when it dismisses an appeal, order, subject to rules made pursuant to section 7, the appellant to pay to the respondent the whole or any part of the costs of the appeal; or

(b) when it allows an appeal against conviction, order, subject to section 6, the respondent to pay to the appellant the whole or any part of the costs of the appellant.

(2) The costs of the appellant mentioned in subsection (1)( b) shall, subject to rules made pursuant to section 7, be such sums as appear to the county court reasonably sufficient to compensate the appellant for any expenses properly incurred in the prosecution of his appeal (including any proceedings preliminary or incidental to such an appeal) and in carrying on his defence at the magistrates' court, including any proceedings preliminary or incidental to the proceedings in that court.

(3) Notwithstanding that the court makes no order under subsection (1)( b) for the payment of the costs of the appellant, it may, subject to section 6, order the payment by the respondent of such sums as, subject to rules made pursuant to section 7, appear to the county court reasonably sufficient to compensate any person properly attending to give evidence for the appellant, or at the instance of the court, on an appeal against conviction to that court, or in proceedings preliminary or incidental to such appeal, whether or not he gives evidence, for the expense, trouble or loss of time properly incurred in, or incidental to, his attendance.

(4) Where, under this section, a county court orders the payment of costs by—

(a) the person who has appealed against the conviction, the order shall be enforceable in the same manner as a sum adjudged to be paid by a conviction of a magistrates' court;

(b) a prosecutor who is a private prosecutor, the order shall be enforceable in the same manner as an order made by a magistrates' court in respect of a civil debt;

(c) a prosecutor who is not a private prosecutor, the order shall be enforceable in the same manner as is provided by section 25 of the Crown Proceedings Act 1947 for the payment of costs in civil proceedings.

F1 1980 NI 3

Marginal Citations

M1 1980 N.I. 3