Prosecution of Offences Act 1985

Supplemental E+W

20 Regulations. E+W

(1) The Lord Chancellor may make regulations for carrying this Part into effect and the regulations may, in particular, make provision as to—

(a) the scales or rates of payments of any costs payable out of central funds in pursuance of any costs order, the circumstances in which and conditions under which such costs may be allowed and paid and the expenses which may be included in such costs; and

(b) the review, as respects costs payable out of central funds in pursuance of any costs order, of any decision on taxation, or determination of the amount, of the costs;

and any provision made by or under this Part enabling any sum to be paid out of central funds shall have effect subject to any such regulations.

(2) The Lord Chancellor may by regulations make provision for the recovery of sums paid [F1 by the [F2 Legal Services Commission] or out of] central funds in cases where—

(a) a costs order has been made against a [F3 person]; 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 subsection (1) above may provide that rates or scales of allowances payable out of central funds under a costs order 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) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any regulations under this Part may contain such incidental [F5 , supplemental and transitional] provisions as the Lord Chancellor considers appropriate.

(7) Before making any regulations under section 19(1) [F6 , 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 [F7 any person] ; or

(b) an order made in a criminal case by the House of Lords for the payment of costs by a party to proceedings.

Subordinate Legislation Made

P1 S. 20: power previously exercised by S.I. 1986/1335;

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

Textual Amendments

F1 Words substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 13

F2 Words in s. 20(2) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 29 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F3 Words in s. 20(2)(a) substituted (1.5.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 53; S.I. 1991/985, art. 2(b)

F4 S. 20(5) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 288(2), Sch. 10; S.I. 2005/910, art. 3(y)(aa)

F5 Words 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)

F6 Words in s. 20(7) inserted (1.2.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 288(4); S.I. 2004/174, art. 2(b)

F7 Words 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)

C1 S. 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)))

21 Interpretation, etc. E+W

(1) In this Part—

• [F8 “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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

• [F10 “legally assisted person ”, in relation to any proceedings, means a person to whom [F11 a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service] has been granted for the purposes of the proceedings;]

• “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 M1 Criminal Appeal Act 1968.

(3) Subject to rules of court made under section 53(1) of the M2 Supreme Court 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 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.

[F12 (4A) Where one party to any proceedings is a legally assisted person then—

(a) for the purposes of sections 16 and 17 of this Act, his costs shall be taken not to [F13 the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;] and

(b) for the purposes of sections 18 [F14 , [F15 to 19B] of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;]]

(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 F16 . . . 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 [F17 sent] 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

F8 Definitions 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)

F9 Definition of “legal aid order ” repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

F10 Definition substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 14

F11 Words in the definition of “legally assisted person ” in s. 32(1) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 30(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii); S.I. 2001/916, art. 3(a)(ii)

F12 S. 21(4A) inserted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 15

F13 Words in s. 21(4A)(a) substituted (2.4.2001) by 1999 c. 22, s. 106, Sch. 4 para. 30(3)(a) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F14 Words 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)

F15 Words 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)

F16 Words 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)

F17 Word 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

M1 1968 c. 19.

M2 1981 c. 54.