11[F1(1)]Where on a reference to the Court of Appeal under section 36 above or a reference to the [F2the Supreme Court] under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to [F3the Court of Appeal or the Supreme Court] , he shall be entitled F4... to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, [F5under Supreme Court Rules] .E+W+N.I.
[F6(2)Sub-paragraph (1) has effect subject to—
(a)sub-paragraph (3), and
(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this paragraph).
(3)A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.
(4)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.]
Textual Amendments
F1Sch. 3 para. 11(1): Sch. 3 para. 11 renumbered as Sch. 3 para. 11(1) (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 11(2)(a) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
F2Words in Sch. 3 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 48(3)(d)(i); S.I. 2009/1604, art. 2
F3Words in Sch. 3 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 48(3)(d)(ii); S.I. 2009/1604, art. 2
F4Words in Sch. 3 para. 11(1) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 11(2)(b) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
F5Words in Sch. 3 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 48(3)(d)(iii); S.I. 2009/1604, art. 2
F6Sch. 3 para. 11(2)-(4) 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)