Section 41.
Modifications etc. (not altering text)
C1Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)
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.]
Textual Amendments
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
F2Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
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
F3Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
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].
Textual Amendments
F4Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13
F5Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
F6Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(3)
[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.]
Textual Amendments
5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
F8Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
[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.]
Textual Amendments
F9Sch. 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)
8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F10Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV
[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.]
Textual Amendments
F11Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6
F12Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(6)
[F1310E+WWhere under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation.]
Textual Amendments
F13Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)
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)
F15Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
[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
[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.]
Textual Amendments
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
F18Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
[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
F20Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)
Textual Amendments
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
Textual Amendments
F23Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV