Article 43 Costs

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 43 words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2011 art. 9(15)(a)
art. 43(1) words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2011 art. 9(15)(b)
art. 43(2) words substituted by Constitutional Reform Act 2005 (Consequential Amendments) 2011 art. 9(15)(c)

(1)

Where the Court of Appeal or the House of Lords dismisses an application for leave to appeal, the Court or the House may, if they think fit—

(a)

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

(b)

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

(2)

Where an appeal to the House of Lords is determined in favour of the offender, the House of Lords may, if they think fit, order the payment by the Secretary of State of such sums as appear to the House reasonably sufficient to compensate the offender for any expenses properly incurred by him in the appeal to the House of Lords or in the proceedings before the Court of Appeal, as the case may be (including the cost of any application for leave to appeal).

(3)

Where in any proceedings on an appeal or application for leave to appeal to the House of Lords, an interpreter is required because of an offender’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 House of Lords.

(4)

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