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Courts Act 1971

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This is the original version (as it was originally enacted).

47Costs awarded by Crown Court out of central funds

(1)Subject to the provisions of this section where a person is prosecuted or tried on indictment before the Crown Court, the court may—

(a)order the payment out of central funds of the costs of the prosecution;

(b)if the accused is acquitted, order the payment out of central funds of the costs of the defence.

(2)Subject to the provisions of this section, where an appeal is brought to the Crown Court against a conviction by a magistrates' court of an indictable offence, or against the sentence imposed on such a conviction, the court may—

(a)order the payment out of central funds of the costs of the prosecution,

(b)if. the appeal is against a conviction, and the conviction is set aside in consequence of the decision on the appeal, order the payment out of central funds of the costs of the defence.

(3)The costs payable out of central funds under the preceding provisions of this section shall be such sums as appear to the Crown Court reasonably sufficient—

(a)to compensate the prosecutor, or as the case may be, the accused, for the expenses properly incurred by him in carrying on the proceedings, and

(b)to compensate any witness for the prosecution, or as the case may be for the defence, for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

(4)Notwithstanding that the court makes no order under this section as respects the costs of the defence, it may order the payment out of central funds of such sums as appear to the court reasonably sufficient to compensate any witness for the defence for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

(5)References in subsections (3) and (4) above to a witness include any person who is a witness to character only and in respect of whom the court certifies that the interests of justice required his attendance but no sums shall be payable in pursuance of an order made under this section to or in respect of any witness who is a witness to character only" and in respect of whom no such certificate is given.

(6)The amount of costs ordered to be paid under this section shall be ascertained as soon as practicable by the appropriate officer of the Crown Court.

(7)In this section the expression " witness " means a person properly attending to give evidence, whether or not he gives evidence; and a person called to give evidence at the instance of the court may, whether or not he is a witness for the defence, be made the subject of an order under subsection (4) above.

(8)The costs of carrying on the defence that may be awarded to any person under this section may include the costs of carrying on the defence before the examining justices who committed him for trial, or as the case may be before the magistrates' court who convicted him.

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