Criminal Justice Act 1972

Section 39.

SCHEDULE 3 Amendments of Enactments relating to Costs on Appeal

The Criminal Appeal Act 1968

In the [1968 c. 19.] Criminal Appeal Act 1968—

(1) In section 24 (award of costs on determination of appeal to Court of Appeal) substitute the following for subsection (2)—

“(2) The Court of Appeal may, on determining an appeal or application for leave to appeal, make an order for costs in favour of the prosecutor.

(3) An order for costs under this section in favour of any person is for the payment to him out of central funds of such sums as appear to the court to be reasonably sufficient to compensate him for any expenses properly incurred by him in the appeal or application (including any proceedings preliminary or incidental thereto) or in any court below.”

(2) In section 28 (supplementary provisions about costs), in subsection (2) for " the appellant's " substitute " a person's ".

(3) In section 31 (powers of Court of Appeal which are exercisable by single judge), in subsection (2)(g) for " section " substitute " section 24 or ".

(4) For section 39 (award of costs on appeal, or application for leave to appeal, to House of Lords) substitute—

“39 Costs out of central funds.

(1) The Court of Appeal on dismissing an application for leave to appeal to the House of Lords, and that House on determining an appeal or application for leave to appeal, may make an order for costs in favour of the defendant or the prosecutor.

(2) An order for costs under this section in favour of any person is for the payment to him out of central funds of such sums as appear to the Court of Appeal or the House of Lords (as the case may be) reasonably sufficient to compensate him for any expenses properly incurred by him in the case being—

(a) where the order is made (whether by the Court of Appeal or by the House of Lords) on the dismissal of an application for leave to appeal, any expenses of the application, and

(b) where the order is made by the House of Lords on the determination of an appeal, any expenses of the appeal (including any application for leave to appeal) or incurred in any court below.”

(5) In section 41 (general provisions as to costs under Part II of the Act), in subsection (2), for " the defendant's " substitute " a person's " and for " his application " substitute " an application ".

(6) In section 44 (powers of Court of Appeal under Part II which are exercisable by single judge), after paragraph (c) insert—

“(d) to make an order for costs under section 39”.

(7) In Schedule 2, paragraph 3 (costs where retrial results in acquittal), for the words " section 1 of the [1952 c. 48.] Costs in Criminal Cases Act 1952 " substitute " section 47 of the [1971 c. 23.] Courts Act 1971 " and for " 39(2) " substitute " 39 ".

The Courts Act 1971

In section 49 of the Courts Act 1971 (costs on appeal to Divisional Court and further appeal to House of Lords) for subsection (3) substitute the following—

“(3) The House of Lords on determining an appeal from a decision of a Divisional Court of the Queen's Bench Division in a criminal cause or matter may make an order for costs in favour of the accused or the prosecutor; and an order under this subsection is for the payment to that person out of central funds of such sums as appear to the House reasonably sufficient to compensate him for any expenses properly incurred by him in the appeal to the House (including any application for leave to appeal), or in any court below.”)

and in subsection (4), for " the accused's " substitute " a person's " ).