Section 34 Costs in legal proceedings

England and Wales

(1)

A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

But F2subsection (1) does not apply in relation to any proceedings in which a justice of the peace F3...—

(a)

is being tried for an offence or is appealing against a conviction, or

(b)

is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

(4)

A court which is prevented by subsection (1) F4from ordering a justice of the peace to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

(5)

The Lord Chancellor may F5, after consulting the Lord Chief Justice, make regulations specifying—

(a)

circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and

(b)

how the amount of any payment ordered under subsection (4) is to be determined.

(6)

F6The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Annotations

Textual amendments

F1: S. 34(2) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(2); S.I. 2020/24, reg. 3(b)
F2: Words in s. 34(3) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(3)(a); S.I. 2020/24, reg. 3(b)
F3: Words in s. 34(3) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(3)(b); S.I. 2020/24, reg. 3(b)
F4: Words in s. 34(4) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(4); S.I. 2020/24, reg. 3(b)
F5: Words in s. 34(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 329(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F6: S. 34(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 329(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)