The Criminal Procedure (Amendment) Rules 2024

Amendments to the Criminal Procedure Rules

11.  In Part 45 (Costs)—

(a) in rule 45.1 (When this Part applies), at the end of sub-paragraph (h)(ii) of the first paragraph of the note to the rule (which refers to section 52 of the Senior Courts Act 1981(1)) insert “, or on an application in restraint or receivership proceedings”;

(b) in rule 45.2 (Costs orders: general rules), at the beginning of paragraph (3) insert, “Subject to rule 45.7(6) (costs on an application in restraint proceedings,”; and

(c) in rule 45.7 (Costs on an application)—

(i) at the end of paragraph (1)(a)(iv) omit “or”,

(ii) at the end of paragraph (1)(a)(v) for “and” substitute “or”,

(iii) after paragraph (1)(a)(v) insert—

“(vi) the Crown Court decides an application in the restraint and receivership proceedings to which Part 33 (Confiscation and related proceedings) applies; and”,

(iv) for paragraph (1)(b) substitute—

“(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs—

(i) on an application to that court under rule 11.5, 11.6 or 11.7, or

(ii) on an application in the restraint and receivership proceedings to which Part 33 applies.”,

(v) for paragraph (3)(a) substitute—

“(a) apply—

(i) as soon as practicable, in every case, and in any event

(ii) in restraint or receivership proceedings, no later than 20 business days after the conclusion of the application or proceedings in respect of which costs are sought;”, and

(vi) after paragraph (5) insert—

“(6) In restraint proceedings to which Part 33 (Confiscation and related proceedings) applies—

(a) the court may make more than one costs order but no one costs order may be made in respect of more than one application to make, vary or discharge a restraint order;

(b) the court must not order the defendant to pay the prosecutor’s costs unless—

(i) the prosecutor succeeds, and

(ii) the defendant acted unreasonably;

(c) the court must not order the prosecutor to pay the defendant’s costs unless—

(i) the defendant succeeds, and

(ii) the prosecutor acted unreasonably;

(d) in deciding whether a party has succeeded the court must take into account the extent of any difference between the terms of the order sought and the terms of the order (if any) made; and

(e) in deciding whether it was reasonable to make an application the success of any previous such application is not conclusive.”.

(1)

1981 c. 54; section 52 was amended by section 31 of, and paragraphs 9 and 10 of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), S.I. 2004/2035 and sections 59 and 148 of, and paragraph 26 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).