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Administration of Justice Act 1970

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Section 41.

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

Modifications etc. (not altering text)

Part IE+W Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistratesE+W

1E+WWhere 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.

[F11AE+WWhere 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.]

2E+WWhere an appellant to [F2the 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

Costs awarded by assizes and quarter sessionsE+W

3E+WWhere a person appeals to [F3the Crown Court]against conviction or sentence by a magistrates’ court, and [F3the Crown Court]makes an order as to costs to be paid by him.

Textual Amendments

4E+WWhere a person is prosecuted or tried on indictment . . . F4before [F5the Crown Court]and is convicted, and the court [F6makes an order as to costs to be paid by him].

[F74AE+WWhere 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.]

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

Textual Amendments

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

[F96Where 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 House of Lords, an applicant who was the appellant before the criminal division.]

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

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

[F119E+WWhere a court makes an order by virtue of [F12regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.]

[F1310E+WWhere under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation.]

Textual Amendments

12E+WWhere under [F14section 137 of the Powers of Criminal Courts (Sentencing) Act 2000] a court orders any fine, . . . F15 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

F14Words in Sch. 9 para. 12 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(3)

[F16Where under section 5 of the Isle of Wight County Council Act M11971 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

F16Sch. 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

Part IIE+W Cases where costs enforceable summarily as civil debt

Costs awarded by magistratesE+W

[F1713E+WWhere 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.]

14E+WWhere an appellant to [F18the 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

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Costs awarded by assizes and quarter sessionsE+W

[F2016E+WAny 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

[F21 Costs awarded by Court of Appeal (criminal division)]E+W

16AWhere 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 House of Lords, 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.

17–20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

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