Section 41 Costs.

United Kingdom

(1)

Where the Court of Appeal or F1the Supreme Court dismisses an application for leave to appeal under this Part of this Act, the Court or the Supreme Court may, if it thinks fit,—

(a)

where the application was made by the prosecutor, order the payment by the Secretary of State to the defendant of such sums as appear to the Court or the Supreme Court reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application; or

(b)

where the application was made by the defendant, order him to pay the whole or any part of the costs of the application.

(2)

Where an appeal to the Supreme Court from the Court under this Part of this Act is determined in favour of the defendant, the Supreme Court may, if it thinks fit, order the payment by the Secretary of State of such sums as appear to the Supreme Court reasonably sufficient to compensate the defendant for any expenses properly incurred by him—

(a)

in the appeal to the Supreme Court or in the proceedings before the Court, as the case may be (including the cost of any application for leave to appeal); or

(b)

in carrying on his defence before the Crown Court, at the F2... preliminary enquiry and before any other court before which proceedings for the offence in respect of which he was committed for trial were begun but not concluded.

(3)

Where in any proceedings on an appeal or application for leave to appeal to the Supreme Court under this Part of this Act, an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by the Supreme Court .

(4)

Except as provided by this section, no costs shall be allowed on the hearing or determination of an appeal under this Part of this Act or of any proceedings preliminary or incidental to such an appeal.

Annotations

Textual amendments

F1: Words in s. 41 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(11); S.I. 2009/1604, art. 2(d)
F2: Words in s. 41(2)(b) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 6; S.R. 2022/221, art. 2(d)

Notes on Part II

Textual amendments

F1: Words in Pt. 2 heading substituted (N.I.) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(2); S.R. 2005/243, art. 2