(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)Where—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(b)a complaint is made to a justice of the peace [F3acting in any local justice area]F3 but the complaint is not proceeded with,
a magistrates’ court [F4acting in that area]F4 may make such order as to costs to be paid . . . F5, by the complainant to the defendant as it thinks just and reasonable.
(4)An order under subsection (3) above shall specify the amount of the costs ordered to be paid.
(5) . . . F5 for the purpose of enforcement an order under subsection (3) above made in relation to a complaint which is not proceeded with shall be treated as if it were an order made under [F6section 64 of the Magistrates’ Courts Act 1980] (power to award, and enforcement of, costs in civil proceedings).
Textual Amendments
F1S. 52(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F2S. 52(3)(a) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F3Words in s. 52(3)(b) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(a); S.I. 2009/910, art. 3(y)
F4Words in s. 52(3) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(b); S.I. 2005/910, art. 3(y)
F5Words repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F6Words substituted by Magistrates Courts' Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 96