The Criminal Procedure Rules 2020

Costs on an application E+W

45.7.—(1) This rule—

(a) applies where the court can order a party to pay another person’s costs in a case in which—

(i) the court decides an application for the production in evidence of a copy of a bank record,

(ii) a magistrates’ court or the Crown Court decides an application to terminate a football banning order,

(iii) a magistrates’ court or the Crown Court decides an application to terminate a disqualification for having custody of a dog,

(iv) the Crown Court allows an application to withdraw a witness summons, F1 ...

(v) the Crown Court decides an application relating to a deferred prosecution agreement under rule 11.5 (breach), rule 11.6 (variation) or rule 11.7 (lifting suspension of prosecution), [F2 or]

[F3 (vi) the Crown Court decides an application in the restraint and receivership proceedings to which Part 33 (Confiscation and related proceedings) applies; and]

[F4 (b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs—

(i) on an application to that court under rule 11.5, 11.6 or 11.7, or

(ii) on an application in the restraint and receivership proceedings to which Part 33 applies.]

(2) The court may make an order—

(a) on application by the person who incurred the costs; or

(b) on its own initiative.

(3) A person who wants the court to make an order must—

[F5 (a) apply—

(i) as soon as practicable, in every case, and in any event

(ii) in restraint or receivership proceedings, no later than 20 business days after the conclusion of the application or proceedings in respect of which costs are sought;]

(b) notify each other party; and

(c) specify—

(i) the amount claimed, and

(ii) against whom.

(4) A party who wants to oppose an order must make representations as soon as practicable.

(5) If the court makes an order, it may direct an assessment under rule 45.11, or assess the amount itself.

[F6 (6) In restraint proceedings to which Part 33 (Confiscation and related proceedings) applies—

(a) the court may make more than one costs order but no one costs order may be made in respect of more than one application to make, vary or discharge a restraint order;

(b) the court must not order the defendant to pay the prosecutor’s costs unless—

(i) the prosecutor succeeds, and

(ii) the defendant acted unreasonably;

(c) the court must not order the prosecutor to pay the defendant’s costs unless—

(i) the defendant succeeds, and

(ii) the prosecutor acted unreasonably;

(d) in deciding whether a party has succeeded the court must take into account the extent of any difference between the terms of the order sought and the terms of the order (if any) made; and

(e) in deciding whether it was reasonable to make an application the success of any previous such application is not conclusive.]

[Note. See—

(a) rule 45.2;

(b) section 8 of the Bankers Books Evidence Act 1879(1);

(c) section 14H(5) of the Football Spectators Act 1989(2);

(d) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965(3); and

(e) section 4(7) of the Dangerous Dogs Act 1991(4).

Section 52 of the Senior Courts Act 1981 allows rules of court to authorise the Crown Court to order costs.]

Textual Amendments

F1 Word in rule 45.7(1)(a)(iv) omitted (1.4.2024) by virtue of The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 11(c)(i)

F2 Word in rule 45.7(1)(a)(v) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 11(c)(ii)

F3 Rule 45.7(1)(a)(vi) inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 11(c)(iii)

F4 Rule 45.7(1)(b) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 11(c)(iv)

F5 Rule 45.7(3)(a) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 11(c)(v)

F6 Rule 45.7(6) inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 11(c)(vi)

Commencement Information

I1 Rule 45.7 in force at 5.10.2020, see Preamble

(1)

1879 c. 11.

(2)

1989 c. 37; section 14H was substituted, together with sections 14, 14A-14G and 14J, for existing sections 14-17, by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25).

(3)

1965 c. 69; section 2C was substituted with section 2, 2A, 2B, 2D and 2E, for the existing section 2 by section 66(1) and (2) of the Criminal Procedure and Investigations Act 1996 (c. 25).

(4)

1991 c. 65.