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- Point in Time (28/03/2009)
- Original (As enacted)
Point in time view as at 28/03/2009.
There are currently no known outstanding effects for the Prosecution of Offences Act 1985, Section 19A.
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(1)In any criminal proceedings—
(a)the Court of Appeal;
(b)the Crown Court; or
(c)a magistrates’ court,
may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.
(2)Regulations shall provide that a legal or other representative against whom action is taken by a magistrates’ court under subsection (1) may appeal to the Crown Court and that a legal or other representative against whom action is taken by the Crown Court under subsection (1) may appeal to the Court of Appeal.
(3)In this section—
“legal or other representative ”, in relation to any proceedings, means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings;
“regulations ” means regulations made by the Lord Chancellor; and
“wasted costs ” means any costs incurred by a party—
as a result of any improper, unreasonable, or negligent act or omission on the part of any representative or any employee of a representative; or
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.]
Subordinate Legislation Made
P1S. 19A: s. 20 (with s. 19A) power exercised (21.3.1991) by S.I. 1991/789.
Textual Amendments
F1S. 19A inserted (1.5.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 111; S.I. 1991/985, art. 2(a)
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