Section 19B Provision for award of costs against third partiesF1

(1)

The Lord Chancellor may by regulations make provision empowering magistrates' courts, the Crown Court and the Court of Appeal to make a third party costs order if the condition in subsection (3) is satisfied.

(2)

A “third party costs order” is an order as to the payment of costs incurred by a party to criminal proceedings by a person who is not a party to those proceedings (“the third party”).

(3)

The condition is that—

(a)

there has been serious misconduct (whether or not constituting a contempt of court) by the third party, and

(b)

the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him.

(4)

Regulations made under this section may, in particular—

(a)

specify types of misconduct in respect of which a third party costs order may not be made;

(b)

allow the making of a third party costs order at any time;

(c)

make provision for any other order as to costs which has been made in respect of the proceedings to be varied on, or taken account of in, the making of a third party costs order;

(d)

make provision for account to be taken of any third party costs order in the making of any other order as to costs in respect of the proceedings.

(5)

Regulations made under this section in relation to magistrates' courts must provide that the third party may appeal to the Crown Court against a third party costs order made by a magistrates' court.

(6)

Regulations made under this section in relation to the Crown Court must provide that the third party may appeal to the Court of Appeal against a third party costs order made by the Crown Court.

Annotations

Textual amendments

F1: S. 19B inserted (1.2.2004) by Courts Act 2003 (c. 39), ss. 93, 110; S.I. 2004/174, art. 2(a)

Notes on the whole Act

Textual amendments

F1: Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]

Notes on Part II

Textual amendments

F1: Words in Pt. 2 heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 78