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Legal Aid, Sentencing and Punishment of Offenders Act 2012
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- UK Public General Acts
- 2012 c. 10
- SCHEDULE 7
- Part 1
- Prosecution costs
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Changes to legislation:
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Cross Heading: Prosecution costs is up to date with all changes known to be in force on or before 12 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 7 Part 1 Crossheading Prosecution-costs:
- s. 9(3)(4) inserted by 2022 c. 36 s. 25(2)
- s. 9A inserted by 2023 c. 32 s. 89(3)
- s. 9B inserted by 2023 c. 32 s. 90
- s. 10(3A)-(3E) inserted by 2022 c. 36 s. 67
- s. 128(3)(aza) inserted by 2024 c. 21 s. 60(2)(a)
- s. 128(3)(aaza) inserted by 2024 c. 21 s. 60(2)(b)
- s. 128(3A) inserted by 2024 c. 21 s. 60(3)
- s. 128(7) inserted by 2024 c. 21 s. 71
- Sch. 1 Pt. 1 para. 31ZA and cross-heading inserted by 2022 c. 36 s. 25(1)
- Sch. 1 Pt. 1 para. 31B and cross-heading inserted by 2022 c. 36 s. 57(2)
- Sch. 1 Pt. 1 para. 19(1A)(1B) and heading inserted by 2022 c. 36 s. 66(2)(a)
- Sch. 1 Pt. 1 para. 19(2A) inserted by 2022 c. 36 s. 66(2)(b)
- Sch. 1 Pt. 1 para. 19(8A) and heading inserted by 2022 c. 36 s. 66(2)(c)
- Sch. 1 Pt. 1 para. 25(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 26(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27A(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 25(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 26(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27A(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 30(1A) and heading inserted by 2022 c. 36 s. 66(4)(a)
- Sch. 1 Pt. 1 para. 30(2A) inserted by 2022 c. 36 s. 66(4)(b)
- Sch. 1 Pt. 1 para. 30(3A) and heading inserted by 2022 c. 36 s. 66(4)(c)
- Sch. 1 Pt. 1 para. 31A(2A) and heading inserted by 2022 c. 36 s. 66(5)(a)
- Sch. 1 Pt. 1 para. 31A(3A)(3B) and heading inserted by 2022 c. 36 s. 66(5)(b)
- Sch. 1 Pt. 1 para. 19(6A) inserted by 2023 c. 37 s. 56(2)(a)
- Sch. 1 Pt. 1 para. 31C inserted by 2023 c. 37 s. 56(3)
- Sch. 1 Pt. 1 para. 27A(1) inserted by S.I. 2017/617 reg. 3(4) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 11(1A) inserted by S.I. 2023/150 art. 4(3)(a)
- Sch. 1 Pt. 1 para. 11(3A) inserted by S.I. 2023/150 art. 4(3)(b)
- Sch. 1 Pt. 1 para. 2(1)(b) omitted by 2018 anaw 2 Sch. 1 para. 21(2)(a)(ii)
- Sch. 1 Pt. 1 para. 45(2) omitted by 2023 c. 32 s. 91(2)
- Sch. 1 Pt. 1 para. 45(3) substituted by 2023 c. 32 s. 91(3)
- Sch. 1 Pt. 1 para. 26(1) substituted by S.I. 2017/617 reg. 3(2)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27(1) substituted by S.I. 2017/617 reg. 3(3)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 19(10) words inserted by 2023 c. 37 s. 56(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(a)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words omitted by 2016 c. 19 Sch. 11 para. 2(l)
- Sch. 1 Pt. 1 para. 45(4) words omitted by 2023 c. 32 s. 91(4)
- Sch. 1 Pt. 1 para. 26 heading words substituted by S.I. 2017/617 reg. 3(2)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27 heading words substituted by S.I. 2017/617 reg. 3(3)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 16A inserted by 2023 c. 37 s. 56(4)
- Sch. 1 Pt. 3 para. 11(b) and word inserted by S.I. 2017/617 reg. 3(6)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 8(b) omitted by S.I. 2017/617 reg. 3(5) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 11(a) and word omitted by S.I. 2017/617 reg. 3(6)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 4 para. 8 inserted by 2022 c. 36 s. 66(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(3)(4) inserted by 2022 c. 36 s. 25(2)
- s. 9A inserted by 2023 c. 32 s. 89(3)
- s. 9B inserted by 2023 c. 32 s. 90
- s. 10(3A)-(3E) inserted by 2022 c. 36 s. 67
- s. 128(3)(aza) inserted by 2024 c. 21 s. 60(2)(a)
- s. 128(3)(aaza) inserted by 2024 c. 21 s. 60(2)(b)
- s. 128(3A) inserted by 2024 c. 21 s. 60(3)
- s. 128(7) inserted by 2024 c. 21 s. 71
- Sch. 1 Pt. 1 para. 31ZA and cross-heading inserted by 2022 c. 36 s. 25(1)
- Sch. 1 Pt. 1 para. 31B and cross-heading inserted by 2022 c. 36 s. 57(2)
- Sch. 1 Pt. 1 para. 19(1A)(1B) and heading inserted by 2022 c. 36 s. 66(2)(a)
- Sch. 1 Pt. 1 para. 19(2A) inserted by 2022 c. 36 s. 66(2)(b)
- Sch. 1 Pt. 1 para. 19(8A) and heading inserted by 2022 c. 36 s. 66(2)(c)
- Sch. 1 Pt. 1 para. 25(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 26(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27A(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 25(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 26(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27A(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 30(1A) and heading inserted by 2022 c. 36 s. 66(4)(a)
- Sch. 1 Pt. 1 para. 30(2A) inserted by 2022 c. 36 s. 66(4)(b)
- Sch. 1 Pt. 1 para. 30(3A) and heading inserted by 2022 c. 36 s. 66(4)(c)
- Sch. 1 Pt. 1 para. 31A(2A) and heading inserted by 2022 c. 36 s. 66(5)(a)
- Sch. 1 Pt. 1 para. 31A(3A)(3B) and heading inserted by 2022 c. 36 s. 66(5)(b)
- Sch. 1 Pt. 1 para. 19(6A) inserted by 2023 c. 37 s. 56(2)(a)
- Sch. 1 Pt. 1 para. 31C inserted by 2023 c. 37 s. 56(3)
- Sch. 1 Pt. 1 para. 27A(1) inserted by S.I. 2017/617 reg. 3(4) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 11(1A) inserted by S.I. 2023/150 art. 4(3)(a)
- Sch. 1 Pt. 1 para. 11(3A) inserted by S.I. 2023/150 art. 4(3)(b)
- Sch. 1 Pt. 1 para. 2(1)(b) omitted by 2018 anaw 2 Sch. 1 para. 21(2)(a)(ii)
- Sch. 1 Pt. 1 para. 45(2) omitted by 2023 c. 32 s. 91(2)
- Sch. 1 Pt. 1 para. 45(3) substituted by 2023 c. 32 s. 91(3)
- Sch. 1 Pt. 1 para. 26(1) substituted by S.I. 2017/617 reg. 3(2)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27(1) substituted by S.I. 2017/617 reg. 3(3)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 19(10) words inserted by 2023 c. 37 s. 56(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(a)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words omitted by 2016 c. 19 Sch. 11 para. 2(l)
- Sch. 1 Pt. 1 para. 45(4) words omitted by 2023 c. 32 s. 91(4)
- Sch. 1 Pt. 1 para. 26 heading words substituted by S.I. 2017/617 reg. 3(2)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27 heading words substituted by S.I. 2017/617 reg. 3(3)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 16A inserted by 2023 c. 37 s. 56(4)
- Sch. 1 Pt. 3 para. 11(b) and word inserted by S.I. 2017/617 reg. 3(6)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 8(b) omitted by S.I. 2017/617 reg. 3(5) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 11(a) and word omitted by S.I. 2017/617 reg. 3(6)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 4 para. 8 inserted by 2022 c. 36 s. 66(6)
Prosecution costsE+W
4(1)Section 17 (prosecution costs) is amended as follows.E+W
(2)In subsection (1) for “subsection (2)” substitute “ subsections (2) and (2A) ”.
(3)After subsection (2) insert—
“(2A)Where the court considers that there are circumstances that make it inappropriate for the prosecution to recover the full amount mentioned in subsection (1), an order under this section must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.
(2B)When making an order under this section, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and—
(a)the prosecutor agrees the amount, or
(b)subsection (2A) applies.
(2C)Where the court does not fix the amount to be paid out of central funds in the order—
(a)it must describe in the order any reduction required under subsection (2A), and
(b)the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.”
(4)Omit subsections (3) and (4).
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