Legal Aid, Sentencing and Punishment of Offenders Act 2012

2 (1) Section 31 (costs of successful appellant) is amended as follows. E+W

(2) In subsection (1) omit “other than an appeal against sentence”.

(3) In subsection (2) at the end insert “ , subject to subsection (3), section 31A and regulations under section 33B(1)(d). ”

(4) After subsection (2) insert—

“(3) Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.

(4) The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—

(a) the appellant agrees the sums, or

(b) subsection (3) applies.

(5) Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—

(a) they must describe in the direction any reduction required under subsection (3), and

(b) the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.”