Part IIDefence, prosecution and third party Costs in Criminal Cases
Award of costs out of central funds
17 Prosecution costs.
(1)
Subject to F1subsection (2) below, the court may—
(a)
in any proceedings in respect of an indictable offence; and
(b)
in any proceedings before a Divisional Court of the Queen’s Bench Division or the F2Supreme Court in respect of a summary offence;
F3make an order in favour of the prosecutor for a payment to be made out of central funds in respect of the prosecutor’s expenses.
(2)
No order under this section may be made in favour of—
(a)
a public authority; or
(b)
a person acting—
(i)
on behalf of a public authority; or
(ii)
in his capacity as an official appointed by such an authority.
F4(2ZA)
An order under this section is, subject to the following provisions of this section, to be for the payment out of central funds to the prosecutor of such amount as the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred by them in the proceedings.
F5(2A)
Where the court considers that there are circumstances that make it inappropriate for the prosecution to recover the full amount mentioned in F6subsection (2ZA), an order under this section must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.
F7(2AA)
Subsections (2ZA) and (2A) have effect subject to regulations under section 20(1A)(d).
(2B)
When making an order under this section, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and—
(a)
the prosecutor agrees the amount, or
(b)
subsection (2A) applies.
(2C)
Where the court does not fix the amount to be paid out of central funds in the order—
(a)
it must describe in the order any reduction required under subsection (2A), and
(b)
the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.
F8(3)
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F8(4)
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(5)
Where the conduct of proceedings to which subsection (1) above applies is taken over by the Crown Prosecution Service, that subsection shall have effect as if it referred to the prosecutor who had the conduct of the proceedings before the intervention of the Service and to expenses incurred by him up to the time of intervention.
(6)
In this section “public authority ” means—
(a)
a police force within the meaning of section 3 of this Act;
(b)
the Crown Prosecution Service or any other government department;
(c)
a local authority or other authority or body constituted for purposes of—
(i)
the public service or of local government; or
(ii)
carrying on under national ownership any industry or undertaking or part of an industry or undertaking; or
(d)
any other authority or body whose members are appointed by Her Majesty or by any Minister of the Crown or government department or whose revenues consist wholly or mainly of money provided by Parliament.