Explanatory Notes

Armed Forces Act 2001

2001 CHAPTER 19

11 May 2001

The Act - Commentary on Sections

Part 3 – Trial and Punishment of Offences

Section 27: Costs against legal representatives

94.Section 26 deals with costs orders made against a party to any proceedings. Section 27 empowers the same courts as are referred to in section 26 to make costs orders against the legal, or other, representative of a party to proceedings. Like section 26, section 27 corresponds to a power of civilian courts under the Prosecution of Offences Act 1985 (section 19A). An order under section 27 may be made if the improper, unreasonable or negligent action of a representative results in the other party incurring costs. This section requires the Secretary of State to make regulations providing for appeals against such orders.