Regulation 32 Costs: application to Appeal Court by Director of Service ProsecutionsI1

United Kingdom

(1)

Where the Appeal Court dismisses an application for leave to appeal to the Supreme Court made by the Director of Service Prosecutions, the Appeal Court may direct the payment by the Secretary of State of such sums as appear to them to be reasonably sufficient to compensate the offender for any expenses properly incurred by the offender in resisting the application, subject to—

(a)

paragraph (2), and

(b)

regulations made under regulation 35 (1)(d).

(2)

The sums which the Appeal Court may direct the Secretary of State to pay may not include legal costs, except where regulations made by the Lord Chancellor provide otherwise.

(3)

Regulations under paragraph (2) 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 Appeal Court, when it directs the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction;

(c)

provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

Annotations

Commencement

I1: Reg. 32 comes into force in accordance with reg. 1(2)