Part IIE+W [F1Defence, prosecution and third party] Costs in Criminal Cases

Textual Amendments

SupplementalE+W

20 Regulations.E+W

(1)The Lord Chancellor may make regulations for carrying this Part into effect F2...

[F3(1A)The Lord Chancellor may by regulations—

(a)make provision as to the amounts that may be ordered to be paid out of central funds in pursuance of a costs order, whether by specifying rates or scales or by making other provision as to the calculation of the amounts,

(b)make provision as to the circumstances in which and conditions under which such amounts may be paid or ordered to be paid,

(c)make provision requiring amounts required to be paid out of central funds by a costs order to be calculated having regard to regulations under paragraphs (a) and (b),

(d)make provision requiring amounts required to be paid to a person out of central funds by a relevant costs order to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the person), and

(e)make provision as to the review of determinations of amounts required to be paid out of central funds by costs orders.

(1B)In subsection (1A)(d) “relevant costs order” means a costs order other than—

(a)an order made by any court under section 17, and

(b)so much of a costs order made by the Supreme Court as relates to expenses, fees, costs, trouble or losses incurred in proceedings in that court.

(1C)Regulations under subsection (1A) may, in particular—

(a)make different provision in relation to amounts to be paid in respect of different expenses, fees, costs, trouble and losses,

(b)make different provision in relation to different costs orders and different areas, and

(c)make different provision in relation to the fixing of an amount in a costs order and the fixing of an amount by means of a determination.]

(2)The Lord Chancellor may by regulations make provision for the recovery of sums paid [F4by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order] in cases where—

(a)a costs order has been made against a [F5person]; and

(b)the person in whose favour the order was made is a legally assisted person or a person in whose favour a defendant’s costs order or, as the case may be, an order under section 17 of this Act has been made.

(3)Regulations made under [F6subsection (1A)] above may provide that [F7provision as to the calculation of amounts] payable out of central funds under a costs order [F8(whether in the form of rates or scales or other provision)] shall be determined by the Lord Chancellor with the consent of the Treasury.

(4)Regulations made under subsection (2) above may, in particular—

(a)require the person mentioned in paragraph (a) of that subsection to pay sums due under the costs order in accordance with directions given by the Lord Chancellor (either generally or in respect of the particular case); and

(b)enable the Lord Chancellor to enforce those directions in cases to which they apply.

(5)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any regulations under this Part may contain such incidental [F10, supplemental and transitional] provisions as the Lord Chancellor considers appropriate.

(7)Before making any regulations under section 19(1) [F11, 19A or 19B] of this Act which affect the procedure of any court, the Lord Chancellor shall so far as is reasonably practicable consult any rule committee by whom, or on whose advice, rules of procedure for the court may be made or whose concurrence is required to any such rules.

(8)In this section “costs order ” means—

(a)an order made under or by virtue of this Part for payment to be made—

(i)out of central funds; or

(ii)by [F12any person] ; or

(b)an order made in a criminal case by the [F13Supreme Court] for the payment of costs by a party to proceedings.

Subordinate Legislation Made

P1S. 20: power previously exercised by S.I. 1986/1335;

S. 20 (with s. 19A) power exercised by S.I. 1991/789.

Textual Amendments

F4Words in s. 20(2) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 24; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F10Words in s. 20(6) substituted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 288(3); S.I. 2004/174, art. 2(b)

F12Words in s. 20(8)(a)(ii) substituted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 288(5); S.I. 2004/174, art. 2(b)

Modifications etc. (not altering text)

C1S. 20(1)(3) applied (1.1.2004) by Extradition Act 2003 (c. 41), ss. 62(1)(2), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

S. 20(1)(3) applied (1.1.2004) by Extradition Act 2003 (c. 41), ss. 135(1)(2), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

C2S. 20(1A)-(1C) applied by 1972 c. 51, s. 36(5C) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(4) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C3S. 20(1A)-(1C) applied by 1988 c. 33, Sch. 3 para. 11(4) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 11(2)(c) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C4S. 20(1A)-(1C) applied by 2003 c. 41, s. 62A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 15 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C5S. 20(1A)-(1C) applied by 2003 c. 41, s. 134A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 18 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C6S. 20(3) applied by 1972 c. 51, s. 36(5C) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(4) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C7S. 20(3) applied by 1988 c. 33, Sch. 3 para. 11(4) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 11(2)(c) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C8S. 20(3) applied by 2003 c. 41, s. 62A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 15 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

C9S. 20(3) applied by 2003 c. 41, s. 134A(6) (as inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 18 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g))

21 Interpretation, etc.E+W

(1)In this Part—

  • [F14“accused ” and “appellant ”, in a case where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies, include the person approved under that section;]

  • “defendant’s costs order ” has the meaning given in section 16 of this Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

  • [F16“legally assisted person ”, in relation to any proceedings, means a person [F17for whom advice, assistance or representation is provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] ;]

  • “proceedings ” includes—

(a)proceedings in any court below; and

(b)in relation to the determination of an appeal by any court, any application made to that court for leave to bring the appeal; and

“witness ” means any person properly attending to give evidence, whether or not he gives evidence or is called at the instance of one of the parties or of the court, but does not include a person attending as a witness to character only unless the court has certified that the interests of justice required his attendance.

(2)Except as provided by or under this Part no costs shall be allowed on the hearing or determination of, or of any proceedings preliminary or incidental to, an appeal to the Court of Appeal under Part I of the M1Criminal Appeal Act 1968.

(3)Subject to rules of court made under section 53(1) of the M2 [F18Senior Courts Act 1981] (power by rules to distribute business of Court of Appeal between its civil and criminal divisions), the jurisdiction of the Court of Appeal under this Part, or under regulations made under this Part, shall be exercised by the criminal division of that Court; and references in this Part to the Court of Appeal shall be construed as references to that division.

(4)For the purposes of sections 16 [F19, 16A] and 17 of this Act, the costs of any party to proceedings shall be taken to include the expense of compensating any witness for the expenses, trouble or loss of time properly incurred in or incidental to his attendance.

[F20(4A)Where one party to any proceedings is a legally assisted person then—

(a)for the purposes of sections 16 [F21, 16A] and 17 of this Act, his costs shall be taken [F22not to include the cost of advice, assistance or representation provided to the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] ; and

(b)for the purposes of sections 18 [F23, [F24to 19B] of this Act, his costs shall be taken to include [F25the cost of such advice, assistance or representation] ;]]

(5)Where, in any proceedings in a criminal cause or matter or in either of the cases mentioned in subsection (6) below, an interpreter is required because of the accused’s lack of English, the expenses properly incurred on his employment shall not be treated as costs of any party to the proceedings.

(6)The cases are—

(a)where an information charging the accused with an offence is laid before a justice of the peace F26. . . but not proceeded with and the expenses are incurred on the employment of the interpreter for the proceedings on the information; and

(b)where the accused is [F27sent] for trial but not tried and the expenses are incurred on the employment of the interpreter for the proceedings in the Crown Court.

Textual Amendments

F14Definitions of "accused" and "appellant" in s. 21(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 15; S.I. 1995/3061, art. 3(d)(h)

F15Definition of “legal aid order ” repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

F17Words in s. 21(1) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 25(2); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F22Words in s. 21(4A)(a) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 25(3); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F23Words in s. 21(4A)(b) substituted (2.4.2001) by 1999 c. 22, s. 106, Sch. 4 para. 30(3)(b) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F24Words in s. 21(4A)(b) substituted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 289; S.I. 2004/174, art. 2(b)

F25Words in s. 21(4A)(b) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 25(4); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F26Words in 21(6)(a) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)

F27Word in s. 21(6)(b) substituted (9.5.2005 for certain purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336, Sch. 3 para. 57(4); S.I. 2005/1267, art. 2, Sch. Pt. 1 para. 1(m); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

Marginal Citations