OpenLegislation

Section 47 Costs : application to Supreme Court .F11

United Kingdom

C1(1)

Where F1... F2the Supreme Court dismiss an application for leave to appeal to the Supreme Court and the application was made by the F3Director of Service Prosecutions, ... the Supreme Court may direct the payment by the Secretary of State of such sums as appear to ... the Supreme Court to be reasonably sufficient to compensate the accused for any expenses properly incurred by him in resisting the application.

(2)

Where ... the Supreme Court dismiss an application for leave to appeal to the Supreme Court and the application was made by the accused, ... the Supreme Court may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court; and any order made under this subsection may be enforced in the manner described in section 32(2) of this Act.

F4(2A)

Section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by subsection (2)).

C2(3)

F5On determining an appeal from the Appeal Court, the Supreme Court may, if they think fit, direct the payment by the Secretary of State of such sums as appear to the House to be reasonably sufficient to compensate the accused for any expenses properly incurred by him in the F6proceedings (in the F7Court of Judicature and below). F8subject to—

(a)

subsection (3A), and

(b)

regulations under section 47A(1)(d).

F9(3A)

The costs which the Supreme Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A) incurred in proceedings in a court below, except where regulations made by the Lord Chancellor provide otherwise.

(3B)

Regulations under subsection (3A) 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 Supreme 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

(c)

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

(4)

Except as provided by F10sections 46A, 46B and this section, no costs shall be allowed on the hearing or determination of an appeal from the Appeal Court to the Supreme Court, or of any proceedings preliminary or incidental to such an appeal.

Annotations

Textual amendments

F1

Words in s. 47(1)(2) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h); S.I. 2012/2412, art. 2(h)

F2

Words in s. 47 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(9); S.I. 2009/1604, art. 2(d)

F3

Words in s. 47(1) 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. 45(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4

S. 47(2A) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F5

Words substituted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 5(4)

F6

Words in s. 47(3) 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. 45(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7

Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

F8

Words in s. 47(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(4) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F9

S. 47(3A)(3B) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(5) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F10

Words in s. 47(4) substituted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(6) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F11

Words in s. 47 heading inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 12 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

Modifications

C1

S. 47(1) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 126(2)

C2

S. 47(3) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 126(3)

Notes on Part III

Textual amendments

F1

Pt. 3 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. 41; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4