|
| |
|
compensate for expenses, fees, costs, trouble or losses is |
| |
subject to regulations made under section 20(1A)(d), and |
| |
(b) | regulations under subsection (3) may make provision |
| |
| |
(3) | After subsection (3C) insert— |
| 5 |
“(3D) | Regulations under subsection (3) may make provision generally or |
| |
only in relation to particular descriptions of persons, expenses, fees, |
| |
costs, trouble or losses.” |
| |
(4) | After subsection (4) insert— |
| |
“(4A) | Subsection (4) has effect subject to regulations under section |
| 10 |
| |
(4B) | An order under subsection (4) may not require the payment out of |
| |
central funds of a sum that includes a sum in respect of legal costs (as |
| |
defined in section 16A), except where regulations made by the Lord |
| |
Chancellor provide otherwise. |
| 15 |
(4C) | Regulations under subsection (4B) may, in particular, include— |
| |
(a) | provision for an exception to arise where a determination has |
| |
been made by a person specified in the regulations, |
| |
(b) | provision requiring the court, when it orders the payment of |
| |
a sum that includes a sum in respect of legal costs, to include |
| 20 |
a statement to that effect in the order, and |
| |
(c) | provision that the court may not order the payment of a sum |
| |
in respect of legal costs exceeding an amount specified in the |
| |
| |
| 25 |
6 (1) | Section 20 (regulations) is amended as follows. |
| |
(2) | In subsection (1) omit the words from “and the regulations” to the end. |
| |
(3) | After that subsection insert— |
| |
“(1A) | The Lord Chancellor may by regulations— |
| |
(a) | make provision as to the amounts that may be ordered to be |
| 30 |
paid out of central funds in pursuance of a costs order, |
| |
whether by specifying rates or scales or by making other |
| |
provision as to the calculation of the amounts, |
| |
(b) | make provision as to the circumstances in which and |
| |
conditions under which such amounts may be paid or |
| 35 |
| |
(c) | make provision requiring amounts required to be paid out of |
| |
central funds by a costs order to be calculated having regard |
| |
to regulations under paragraphs (a) and (b), |
| |
(d) | make provision requiring amounts required to be paid to a |
| 40 |
person out of central funds by a relevant costs order to be |
| |
calculated in accordance with such regulations (whether or |
| |
not that results in the fixing of an amount that the court |
| |
considers reasonably sufficient or necessary to compensate |
| |
| 45 |
|
| |
|
| |
|
(e) | make provision as to the review of determinations of |
| |
amounts required to be paid out of central funds by costs |
| |
| |
(1B) | In subsection (1A)(d) “relevant costs order” means a costs order |
| |
| 5 |
(a) | an order made by any court under section 17, and |
| |
(b) | so much of a costs order made by the Supreme Court as |
| |
relates to expenses, fees, costs, trouble or losses incurred in |
| |
proceedings in that court. |
| |
(1C) | Regulations under subsection (1A) may, in particular— |
| 10 |
(a) | make different provision in relation to amounts to be paid in |
| |
respect of different expenses, fees, costs, trouble and losses, |
| |
(b) | make different provision in relation to different costs orders |
| |
| |
(c) | make different provision in relation to the fixing of an |
| 15 |
amount in a costs order and the fixing of an amount by means |
| |
| |
| |
(a) | for “subsection (1)” substitute “subsection (1A)”, |
| |
(b) | for “rates or scales of allowances” substitute “provision as to the |
| 20 |
calculation of amounts”, and |
| |
(c) | after “order” insert “(whether in the form of rates or scales or other |
| |
| |
| |
7 (1) | Section 21 (interpretation) is amended as follows. |
| 25 |
(2) | In subsection (4) after “16” insert “, 16A”. |
| |
(3) | In subsection (4A)(a) after “16” insert “, 16A”. |
| |
| |
8 (1) | Section 29 (regulations) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| 30 |
“(1) | A power to make regulations under this Act is exercisable by |
| |
| |
(1A) | A statutory instrument containing regulations under this Act is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
Parliament, subject to subsection (1B). |
| 35 |
(1B) | A statutory instrument containing (whether alone or with other |
| |
provision) regulations under section 16A(6) or 19(4B) may not be |
| |
made unless a draft of the instrument has been laid before, and |
| |
approved by a resolution of, each House of Parliament.” |
| |
(3) | In subsection (2) for “Any such regulations” substitute “Regulations under |
| 40 |
| |
|
| |
|
| |
|
| |
Attorney General’s references |
| |
Reference of point of law following acquittal on indictment |
| |
9 (1) | Section 36 of the Criminal Justice Act 1972 (reference of point of law |
| |
following acquittal on indictment) is amended as follows. |
| 5 |
(2) | In subsection (5) omit “to his costs, that is to say”. |
| |
(3) | Omit subsection (5A). |
| |
(4) | After that subsection insert— |
| |
“(5A) | Subsection (5) has effect subject to— |
| |
| 10 |
(b) | regulations under section 20(1A)(d) of the Prosecution of |
| |
Offences Act 1985 (as applied by this section). |
| |
(5B) | A person is not entitled under subsection (5) to the payment of sums |
| |
in respect of legal costs (as defined in section 16A of the Prosecution |
| |
of Offences Act 1985) incurred in proceedings in the Court of Appeal. |
| 15 |
(5C) | Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of |
| |
Offences Act 1985 (regulations as to amounts ordered to be paid out |
| |
of central funds) apply in relation to amounts payable out of central |
| |
funds under subsection (5) as they apply in relation to amounts |
| |
payable out of central funds in pursuance of costs orders made under |
| 20 |
| |
10 | In consequence of the amendments made by paragraph 9, omit paragraph 8 |
| |
of Schedule 1 to the Prosecution of Offences Act 1985. |
| |
Reference of sentence of Crown Court appearing to be unduly lenient |
| |
11 (1) | Schedule 3 to the Criminal Justice Act 1988 (reference of sentence of Crown |
| 25 |
Court appearing to be unduly lenient) is amended as follows. |
| |
(2) | In paragraph 11 (recovery of costs of representation)— |
| |
(a) | number the existing provision sub-paragraph (1), |
| |
(b) | in that sub-paragraph, omit “to his costs, that is to say”, and |
| |
(c) | after that sub-paragraph insert— |
| 30 |
“(2) | Sub-paragraph (1) has effect subject to— |
| |
(a) | sub-paragraph (3), and |
| |
(b) | regulations under section 20(1A)(d) of the |
| |
Prosecution of Offences Act 1985 (as applied by this |
| |
| 35 |
(3) | A person is not entitled under sub-paragraph (1) to the |
| |
payment of sums in respect of legal costs (as defined in |
| |
section 16A of the Prosecution of Offences Act 1985) |
| |
incurred in proceedings in the Court of Appeal. |
| |
(4) | Subsections (1A) to (1C) and (3) of section 20 of the |
| 40 |
Prosecution of Offences Act 1985 (regulations as to |
| |
amounts ordered to be paid out of central funds) apply in |
| |
|
| |
|
| |
|
relation to funds payable out of central funds under sub- |
| |
paragraph (1) as they apply in relation to amounts payable |
| |
out of central funds in pursuance of costs orders made |
| |
under section 16 of that Act.” |
| |
(3) | In paragraph 12 (application to Northern Ireland)— |
| 5 |
(a) | for “11”, in each place, substitute “11(1)”, and |
| |
(b) | after sub-paragraph (d) insert— |
| |
“(e) | paragraph 11 has effect as if sub-paragraphs (2) to |
| |
| |
| 10 |
| |
| |
12 | The Extradition Act 2003 is amended as follows. |
| |
Extradition to Category 1 Territories |
| |
13 (1) | Section 61 (costs where discharge ordered) is amended as follows. |
| 15 |
(2) | After subsection (5) insert— |
| |
“(5A) | In England and Wales, an order under subsection (5) is to be made, |
| |
and the appropriate amount is to be determined, in accordance with |
| |
| |
(5B) | In Scotland and Northern Ireland, an order under subsection (5) is to |
| 20 |
be made, and the appropriate amount is to be determined, in |
| |
accordance with subsections (6) to (9).” |
| |
14 | In section 62 (supplementary provision about costs where discharge |
| |
ordered) omit subsections (1) and (2). |
| |
15 | After section 62 insert— |
| 25 |
“62A | Appropriate amount: England and Wales |
| |
(1) | For the purposes of an order under section 61(5), the appropriate |
| |
amount is such amount as the judge or court making the order |
| |
considers reasonably sufficient to compensate the person in whose |
| |
favour the order is made for any expenses properly incurred by the |
| 30 |
person in the proceedings under this Part. |
| |
(2) | But if the judge or court considers that there are circumstances that |
| |
make it inappropriate for the person to recover the full amount |
| |
mentioned in subsection (1), the order under section 61(5) must be |
| |
for the payment out of money provided by Parliament of such lesser |
| 35 |
amount as the judge or court considers just and reasonable. |
| |
(3) | Subsections (1) and (2) have effect subject to— |
| |
| |
(b) | regulations under section 20(1A)(d) of the Prosecution of |
| |
Offences Act 1985 (as applied by this section). |
| 40 |
|
| |
|
| |
|
(4) | When making an order under section 61(5), the judge or court must |
| |
fix the amount to be paid out of money provided by Parliament in the |
| |
order if the judge or court considers it appropriate to do so and— |
| |
(a) | the person in whose favour the order is made agrees the |
| |
| 5 |
(b) | subsection (2) applies. |
| |
(5) | Where the judge or court does not fix the amount to be paid out of |
| |
money provided by Parliament in the order— |
| |
(a) | the judge or court must describe in the order any reduction |
| |
required under subsection (2), and |
| 10 |
(b) | the amount must be fixed by means of a determination made |
| |
by or on behalf of the judge or court in accordance with |
| |
procedures specified in regulations made by the Lord |
| |
| |
(6) | Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of |
| 15 |
Offences Act 1985 (regulations as to amounts ordered to be paid out |
| |
of central funds) apply in relation to amounts payable out of money |
| |
provided by Parliament in pursuance of an order under section 61 as |
| |
they apply in relation to amounts payable out of central funds in |
| |
pursuance of costs orders made under section 16 of that Act. |
| 20 |
(7) | This section extends to England and Wales only. |
| |
62B | Legal costs: England and Wales |
| |
(1) | An order under section 61(5) may not require the payment out of |
| |
money provided by Parliament of an amount that includes an |
| |
amount in respect of legal costs incurred by the person in whose |
| 25 |
favour the order is made, subject to the following provisions of this |
| |
| |
(2) | Subsection (1) does not apply in relation to legal costs incurred in— |
| |
(a) | proceedings in a magistrates’ court, or |
| |
(b) | proceedings in the Supreme Court. |
| 30 |
(3) | The Lord Chancellor may by regulations make provision about |
| |
exceptions from the prohibition in subsection (1), including— |
| |
(a) | provision amending this section by adding, modifying or |
| |
removing an exception, and |
| |
(b) | provision for an exception to arise where a determination has |
| 35 |
been made by a person specified in the regulations. |
| |
(4) | Regulations under subsection (3) may not remove or limit the |
| |
exception provided by subsection (2)(b). |
| |
(5) | Where a judge or court makes an order under section 61(5) requiring |
| |
the payment out of money provided by Parliament of an amount that |
| 40 |
includes an amount in respect of legal costs, the order must include |
| |
a statement to that effect. |
| |
(6) | Where, in an order under section 61(5), a judge or court fixes an |
| |
amount to be paid out of money provided by Parliament that |
| |
includes an amount in respect of legal costs incurred in proceedings |
| 45 |
in a court other than the Supreme Court, the latter amount must not |
| |
|
| |
|
| |
|
exceed an amount specified by regulations made by the Lord |
| |
| |
| |
“legal costs” means fees, charges, disbursements and other |
| |
amounts payable in respect of advocacy services or litigation |
| 5 |
services including, in particular, expert witness costs; |
| |
“advocacy services” means any services which it would be |
| |
reasonable to expect a person who is exercising, or |
| |
contemplating exercising, a right of audience in relation to |
| |
any proceedings, or contemplated proceedings, to provide; |
| 10 |
“expert witness costs” means amounts payable in respect of the |
| |
services of an expert witness, including amounts payable in |
| |
connection with attendance by the witness at court or |
| |
| |
“litigation services” means any services which it would be |
| 15 |
reasonable to expect a person who is exercising, or |
| |
contemplating exercising, a right to conduct litigation in |
| |
relation to proceedings, or contemplated proceedings, to |
| |
| |
(8) | This section extends to England and Wales only.” |
| 20 |
Extradition to Category 2 Territories |
| |
16 (1) | Section 134 (costs where discharge ordered) is amended as follows. |
| |
(2) | After subsection (5) insert— |
| |
“(5A) | In England and Wales, an order under subsection (5) is to be made, |
| |
and the appropriate amount is to be determined, in accordance with |
| 25 |
| |
(5B) | In Scotland and Northern Ireland, an order under subsection (5) is to |
| |
be made, and the appropriate amount is to be determined, in |
| |
accordance with subsections (6) to (9).” |
| |
17 | In section 135 (supplementary provision about costs where discharge |
| 30 |
ordered) omit subsections (1) and (2). |
| |
18 | After section 135 insert— |
| |
“135A | Appropriate amount: England and Wales |
| |
(1) | For the purposes of an order under section 134(5), the appropriate |
| |
amount is such amount as the judge or court making the order |
| 35 |
considers reasonably sufficient to compensate the person in whose |
| |
favour the order is made for any expenses properly incurred by the |
| |
person in the proceedings under this Part. |
| |
(2) | But if the judge or court considers that there are circumstances that |
| |
make it inappropriate for the person to recover the full amount |
| 40 |
mentioned in subsection (1), the order under section 134(5) must be |
| |
for the payment out of money provided by Parliament of such lesser |
| |
amount as the judge or court considers just and reasonable. |
| |
(3) | Subsections (1) and (2) have effect subject to— |
| |
| 45 |
|
| |
|
| |
|
(b) | regulations under section 20(1A)(d) of the Prosecution of |
| |
Offences Act 1985 (as applied by this section). |
| |
(4) | When making an order under section 134(5), the judge or court must |
| |
fix the amount to be paid out of money provided by Parliament in the |
| |
order if the judge or court considers it appropriate to do so and— |
| 5 |
(a) | the person in whose favour the order is made agrees the |
| |
| |
(b) | subsection (2) applies. |
| |
(5) | Where the judge or court does not fix the amount to be paid out of |
| |
money provided by Parliament in the order— |
| 10 |
(a) | the judge or court must describe in the order any reduction |
| |
required under subsection (2), 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. |
| 15 |
(6) | Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of |
| |
Offences Act 1985 (regulations as to amounts ordered to be paid out |
| |
of central funds) apply in relation to amounts payable out of money |
| |
provided by Parliament in pursuance of an order under section 134 |
| |
as they apply in relation to amounts payable out of central funds in |
| 20 |
pursuance of costs orders made under section 16 of that Act. |
| |
(7) | This section extends to England and Wales only. |
| |
135B | Legal costs: England and Wales |
| |
(1) | An order under section 134(5) may not require the payment out of |
| |
money provided by Parliament of an amount that includes an |
| 25 |
amount in respect of legal costs incurred by the person in whose |
| |
favour the order is made, subject to the following provisions of this |
| |
| |
(2) | Subsection (1) does not apply in relation to legal costs incurred in— |
| |
(a) | proceedings in a magistrates’ court, or |
| 30 |
(b) | proceedings in the Supreme Court. |
| |
(3) | The Lord Chancellor may by regulations make provision about |
| |
exceptions from the prohibition in subsection (1), including— |
| |
(a) | provision amending this section by adding, modifying or |
| |
removing an exception, and |
| 35 |
(b) | provision for an exception to arise where a determination has |
| |
been made by a person specified in the regulations. |
| |
(4) | Regulations under subsection (3) may not remove or limit the |
| |
exception provided by subsection (2)(b). |
| |
(5) | Where a judge or court in England and Wales makes an order under |
| 40 |
section 134(5) requiring the payment out of money provided by |
| |
Parliament of an amount that includes an amount in respect of legal |
| |
costs, the order must include a statement to that effect. |
| |
(6) | Where, in an order under section 134(5), a judge or court fixes an |
| |
amount to be paid out of money provided by Parliament that |
| 45 |
includes an amount in respect of legal costs incurred in proceedings |
| |
|
| |
|