Administration of Justice Act 1970

Section 41.

SCHEDULE 9 E+W Enforcement of Orders for Costs, Compensation, etc.

Modifications etc. (not altering text)

C1 Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)

Part I E+W Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistrates E+W

1 E+W Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor.

[F1 1A E+W Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]

Textual Amendments

F1 Sch. 9 Para. 1A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(2)

2 E+W Where an appellant to [F2 the Crown Court]against conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

Textual Amendments

F2 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

Costs awarded by assizes and quarter sessions E+W

3 E+W Where a person appeals to [F3 the Crown Court]against conviction or sentence by a magistrates’ court, and [F3 the Crown Court]makes an order as to costs to be paid by him.

Textual Amendments

F3 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

4 E+W Where a person is prosecuted or tried on indictment . . . F4 before [F5 the Crown Court]and is convicted, and the court [F6 makes an order as to costs to be paid by him].

Textual Amendments

F4 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13

F5 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

F6 Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(3)

[F7 4A E+W Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]

Textual Amendments

F7 Sch. 9 para. 4A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(4)

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Costs awarded by Court of Appeal (criminal division) or House of Lords E+W

[F9 6 E+W Where the criminal division of the Court of Appeal makes an order as to costs to be paid by—

(a) an appellant;

(b) an applicant for leave to appeal to that court; or

(c) in the case of an application for leave to appeal to the [F10 Supreme Court], an applicant who was the appellant before the criminal division.]

Textual Amendments

F9 Sch. 9 para. 6 substituted for Sch. 9 paras.6, 7 by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(5)

F10 Words in Sch. 9 para. 6(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

Miscellaneous orders for costs, compensation, damages etc. E+W

[F12 9 E+W Where a court makes an order by virtue of [F13 regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.]

Textual Amendments

F12 Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6

F13 Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(6)

[F14 9A E+W Where a court orders the payment of a charge in respect of relevant court costs under [F15 section 46 of the Sentencing Code].]

Textual Amendments

F14 Sch. 9 para. 9A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 54(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 44

F15 Words in Sch. 9 para. 9A substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[F16 10 E+W Where under [F17 Chapter 2 of Part 7 of the Sentencing Code] a court orders the payment of compensation.]

Textual Amendments

F16 Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)

F17 Words in Sch. 9 para. 10 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

12 E+W Where under [F18 section 380 of the Sentencing Code] a court orders any fine, . . . F19 compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person.

Textual Amendments

F18 Words in Sch. 9 para. 12 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F19 Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

[F20 [F21 12A] E+W Where under [F22 section 42 of the Sentencing Code] a court orders the payment of a surcharge.]

Textual Amendments

F20 Sch. 9 Pt. 1 para. 13 inserted after para. 12 (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(3), 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

F21 Sch. 9 Pt. 1 para. 13 renumbered as Sch. 9 Pt. 1 para. 12A (13.4.2015) by 2015 c. 2, s. 54(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 44

F22 Words in Sch. 9 para. 12A substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[F23 [F24 12B] E+W Where under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.]

Textual Amendments

F23 Sch. 9 Pt. 1 para. 13A inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 3; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F24 Sch. 9 Pt. 1 para. 12B: Sch. 9 Pt. 1 para. 13A renumbered as Sch. 9 Pt. 1 para. 12B (13.4.2015) by 2015 c. 2, s. 54(2)(c); S.I. 2015/778, art. 3, Sch. 1 para. 44

[F25 12C E+W Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.]

Textual Amendments

F25 Sch. 9 para. 12C inserted (17.3.2016) by Modern Slavery Act 2015 (c. 30), s. 61(3), Sch. 5 para. 11(3) (as amended by S.I. 2016/244, regs. 1(1), 25(b)(ii)); S.I. 2016/243, reg. 2(a)

[F26 Where under section 5 of the Isle of Wight County Council Act M1 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section. ]

Textual Amendments

F26 Sch. 9 Pt.I new paragraph inserted by Isle of Wight County Council Act 1971 (c. lxxi), s. 5(9)(e) (as amended by and set out in Isle of Wight Act 1990 (c. iv), s. 5, Sch.) for the purposes of s.41

Marginal Citations

M1 1971 c.lxxi.

Part II E+W Cases where costs enforceable summarily as civil debt

Costs awarded by magistrates E+W

[F27 13 E+W Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]

Textual Amendments

F27 Sch. 9 para. 13 substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(7)

14 E+W Where an appellant to [F28 the Crown Court] from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

Textual Amendments

F28 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

15 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29 Sch. 9 para. 15 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt. II para. 7(8), Sch. 2

Costs awarded by assizes and quarter sessions E+W

[F30 16 E+W Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.]

Textual Amendments

F30 Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)

[F31 Costs awarded by Court of Appeal (criminal division) E+W

Textual Amendments

F31 Sch. 9 para. 16A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(9)

16A E+W Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the [F32 Supreme Court], an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]

Textual Amendments

F32 Words in Sch. 9 para. 16A substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

17–20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes

21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

F34 Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV