Amendments to the Criminal Procedure Rules11
In Part 45 (Costs)—
a
in rule 45.1 (When this Part applies), at the end of sub-paragraph (h)(ii) of the first paragraph of the note to the rule (which refers to section 52 of the Senior Courts Act 198150) insert “, or on an application in restraint or receivership proceedings”
;
b
in rule 45.2 (Costs orders: general rules), at the beginning of paragraph (3) insert, “Subject to rule 45.7(6) (costs on an application in restraint proceedings,”
; and
c
in rule 45.7 (Costs on an application)—
i
at the end of paragraph (1)(a)(iv) omit “or”,
ii
at the end of paragraph (1)(a)(v) for “and” substitute “or”
,
iii
after paragraph (1)(a)(v) insert—
vi
the Crown Court decides an application in the restraint and receivership proceedings to which Part 33 (Confiscation and related proceedings) applies; and
iv
for paragraph (1)(b) substitute—
b
authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs—
i
on an application to that court under rule 11.5, 11.6 or 11.7, or
ii
on an application in the restraint and receivership proceedings to which Part 33 applies.
v
for paragraph (3)(a) substitute—
a
apply—
i
as soon as practicable, in every case, and in any event
ii
in restraint or receivership proceedings, no later than 20 business days after the conclusion of the application or proceedings in respect of which costs are sought;
vi
after paragraph (5) insert—
6
In restraint proceedings to which Part 33 (Confiscation and related proceedings) applies—
a
the court may make more than one costs order but no one costs order may be made in respect of more than one application to make, vary or discharge a restraint order;
b
the court must not order the defendant to pay the prosecutor’s costs unless—
i
the prosecutor succeeds, and
ii
the defendant acted unreasonably;
c
the court must not order the prosecutor to pay the defendant’s costs unless—
i
the defendant succeeds, and
ii
the prosecutor acted unreasonably;
d
in deciding whether a party has succeeded the court must take into account the extent of any difference between the terms of the order sought and the terms of the order (if any) made; and
e
in deciding whether it was reasonable to make an application the success of any previous such application is not conclusive.