# The Criminal Procedure Rules 2025, Rule 45.1: When this Part applies

Extent: E+W

(1) This Part applies where the court can make an order about costs under—
(a) Part II of the Prosecution of Offences Act 1985 and Part II, IIA or IIB of The Costs in Criminal Cases (General) Regulations 1986;
(b) section 109 of the Magistrates’ Courts Act 1980;
(c) section 52 of the Senior Courts Act 1981 and rule 45.6 or rule 45.7;
(d) section 8 of the Bankers Books Evidence Act 1879;
(e) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965;
(f) section 36(5) of the Criminal Justice Act 1972;
(g) section 159(5) and Schedule 3, paragraph 11, of the Criminal Justice Act 1988;
(h) section 14H(5) of the Football Spectators Act 1989;
(i) section 4(7) of the Dangerous Dogs Act 1991;
(j) Part 3 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008; or
(k) Part 1 or 2 of the Extradition Act 2003.
(2) In this Part, ‘costs’ means—
(a) the fees payable to a legal representative;
(b) the disbursements paid by a legal representative; and
(c) any other expenses incurred in connection with the case.
[Note. A costs order can be made under—
(a) section 16 of the Prosecution of Offences Act 1985 (defence costs), for the payment out of central funds of a defendant’s costs (see rule 45.4);
(b) section 17 of the Prosecution of Offences Act 1985 (prosecution costs), for the payment out of central funds of a private prosecutor’s costs (see rule 45.4);
(c) section 18 of the Prosecution of Offences Act 1985 (award of costs against accused), for the payment by a defendant of another person’s costs (see rules 45.5 and 45.6);
(d) section 19(1) of the Prosecution of Offences Act 1985 and regulation 3 of the Costs in Criminal Cases (General) Regulations 1986, for the payment by a party of another party’s costs incurred as a result of an unnecessary or improper act or omission by or on behalf of the first party (see rule 45.8);
(e) section 19A of the Prosecution of Offences Act 1985 (costs against legal representatives, etc.)—
(i) for the payment by a legal representative of a party’s costs incurred as a result of an improper, unreasonable or negligent act or omission by or on behalf of the representative, or
(ii) disallowing the payment to that representative of such costs
(see rule 45.9);
(f) section 19B of the Prosecution of Offences Act 1985 (provision for award of costs against third parties) and regulation 3F of the Costs in Criminal Cases (General) Regulations 1986, for the payment by a person who is not a party of a party’s costs where there has been serious misconduct by the non-party (see rule 45.10);
(g) section 109 of the Magistrates’ Courts Act 1980, section 52 of the Senior Courts Act 1981 and rule 45.6, for the payment by an appellant of a respondent’s costs on abandoning an appeal to the Crown Court (see rule 45.6);
(h) section 52 of the Senior Courts Act 1981 and—
(i) rule 45.6, for the payment by a party of another party’s costs on an appeal to the Crown Court in any case not covered by (c) or (g),
(ii) rule 45.7, for the payment by a party of another party’s costs on an application to the Crown Court about the breach or variation of a deferred prosecution agreement, or on an application to lift the suspension of a prosecution after breach of such an agreement, or on an application in restraint or receivership proceedings;
(i) section 8 of the Bankers Books Evidence Act 1879, for the payment of costs by a party or by the bank against which an application for an order is made (see rule 45.7);
(j) section 2C(8) of the Criminal Procedure (Attendance of Witnesses) Act 1965, for the payment by the applicant for a witness summons of the costs of a party who applies successfully under rule 17.7 to have it withdrawn (see rule 45.7);
(k) section 36(5) of the Criminal Justice Act 1972 or Schedule 3, paragraph 11, of the Criminal Justice Act 1988, for the payment out of central funds of a defendant’s costs on a reference by the Attorney General of—
(i) a point of law, or
(ii) an unduly lenient sentence
(see rule 45.4);
(l) section 159(5) of the Criminal Justice Act 1988, for the payment by a person of another person’s costs on an appeal about a reporting or public access restriction (see rule 45.6);
(m) section 14H(5) of the Football Spectators Act 1989, for the payment by a defendant of another person’s costs on an application to terminate a football banning order (see rule 45.7);
(n) section 4(7) of the Dangerous Dogs Act 1991, for the payment by a defendant of another person’s costs on an application to terminate a disqualification for having custody of a dog (see rule 45.7);
(o) article 14 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with section 16 of the Prosecution of Offences Act 1985 (see rule 45.4);
(p) article 15 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with section 18 of the Prosecution of Offences Act 1985 (see rule 45.6);
(q) article 16 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19(1) of the 1985 Act (see rule 45.8);
(r) article 17 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19A of the 1985 Act (see rule 45.9);
(s) article 18 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008, corresponding with an order under section 19B of the 1985 Act (see rule 45.10);
(t) section 60 or 133 of the Extradition Act 2003 (costs where extradition ordered) for the payment by a defendant of another person’s costs (see rule 45.4); or
(u) section 61 or 134 of the Extradition Act 2003 (costs where discharge ordered) for the payment out of central funds of a defendant’s costs (see rule 45.4).
See also the Criminal Costs Practice Direction.
Part 39 (Appeal to the Court of Appeal about conviction or sentence) contains rules about appeals against costs orders made in the Crown Court under the legislation listed in (c) above.
Part 34 (Appeal to the Crown Court) and Part 39 (Appeal to the Court of Appeal about conviction or sentence) contain rules about appeals against costs orders made under the legislation listed in (e) and (f) above.
A costs order can be enforced—
(a) against a defendant, under section 41(1) or (3) of the Administration of Justice Act 1970;
(b) against a prosecutor, under section 41(2) or (3) of the Administration of Justice Act 1970;
(c) against a representative, under regulation 3D of the Costs in Criminal Cases (General) Regulations 1986 or article 18 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008;
(d) against a non-party, under regulation 3I of the Costs in Criminal Cases (General) Regulations 1986 or article 31 of the Serious Crime Act 2007 (Appeals under Section 24) Order 2008.
See also section 58, section 150(1) and Part III of the Magistrates’ Courts Act 1980 and Schedule 5 to the Courts Act 2003.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/45.1 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-45.1/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.