Section 33A Appellant’s expenses.F1
United Kingdom
Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance.
The expenses which the Appeal Court may direct the Secretary of State to pay under this section do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.
Regulations under this section may, in particular, include—
provision for an exception to arise where a determination has been made by a person specified in the regulations,
provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
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
Textual amendments
- F1
S. 33A added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 5(1)
- F2
S. 33A renumbered as s. 33A(1) (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 5(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
- F3
S. 33A(2)(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 5(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
Notes on Part II
Textual amendments
- F1
Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4