The Armed Forces (Appeals Against Review of Sentence) Regulations 2024

Costs against the Secretary of State

13.—(1) This regulation applies when the Appeal Court—

(a) allows an appeal brought by an offender, or

(b) dismisses an appeal or application for leave to appeal brought by the Director of Service Prosecutions.

(2) Where this regulation applies, the Appeal Court may, if it thinks fit, direct the payment by the Secretary of State of costs to the offender.

(3) The costs which may under this section be directed to be paid are such sums as appear to the Appeal Court reasonably sufficient to compensate the offender for any expenses properly incurred by the offender in the proceedings (in the Appeal Court and below), subject to paragraph (4), regulation 14 and regulations made under regulation 18.

(4) Where the Appeal Court considers that there are circumstances that make it inappropriate for the offender to recover the whole of the sums mentioned in paragraph (3), a direction under this regulation must be made for the payment of such lesser sums as it considers just and reasonable.

(5) The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if the Appeal Court considers it appropriate to do so and—

(a) the offender agrees the sums, or

(b) paragraph (4) applies.

(6) Where the Appeal Court does not fix the sums to be paid by the Secretary of State in the direction—

(a) it must describe in the direction any reduction required under paragraph (4), and

(b) the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor under regulation 18.