The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

Award of costs in favour of subject or party under section 24(2)

14.—(1) Where the Court of Appeal—

(a) allows an appeal by the person who is the subject of a serious crime prevention order;

(b) dismisses an appeal by the relevant applicant authority;

(c) hears an appeal by a party under section 24(2); or

(d) determines an application for leave to appeal to the Supreme Court,

it may make an appeal costs order in favour of the person who is the subject of the serious crime prevention order.

(2) Where the Court of Appeal—

(a) allows an appeal by a party under section 24(2);

(b) dismisses an appeal by the relevant applicant authority;

(c) hears an appeal by the person who is the subject of a serious crime prevention order; or

(d) determines an application for leave to appeal to the Supreme Court,

it may make an appeal costs order in favour of a party under section 24(2).

(3) Subject to paragraphs (4) and (5), an order under this article shall be for the payment out of central funds, to the person in whose favour the order is made, of such amounts as the Court of Appeal considers reasonably sufficient to compensate that person for any expenses properly incurred by that person in the proceedings before the Court of Appeal.

(4) Where the Court of Appeal makes an order under this article but is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in paragraph (3) it shall—

(a) assess what amount would, in its opinion, be just and reasonable; and

(b) specify that amount in the order.

(5) Subject to paragraph (4), the amount to be paid out of central funds in pursuance of an order under this article shall—

(a) be specified in the order, in any case where the Court of Appeal considers it appropriate for the amount to be specified and the person in whose favour the order is made agrees the amount; and

(b) in any other case, be determined in accordance with Chapter 3 of this Part and article 37.