Section 12 Private prosecutions: regulations about costs payable out of central fundsI1
United Kingdom
The Prosecution of Offences Act 1985 is amended as follows.
In section 17 (prosecution costs)—
in subsection (1)—
in the words before paragraph (a), for “subsections (2) and (2A)” substitute “subsection (2)”;
for the words after paragraph (b) substitute “make an order in favour of the prosecutor for a payment to be made out of central funds in respect of the prosecutor’s expenses.”;
after subsection (2) insert—
“(2ZA)An order under this section is, subject to the following provisions of this section, to be for the payment out of central funds to the prosecutor of such amount as the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred by them in the proceedings.”;
in subsection (2A), for “subsection (1)” substitute “subsection (2ZA)”;
after subsection (2A) insert—
“(2AA)Subsections (2ZA) and (2A) have effect subject to regulations under section 20(1A)(d).”
In section 20 (regulations)—
in subsection (1B) omit paragraph (a) together with the final “and”, and
after subsection (4) insert—
“(4A)Before making regulations under subsection (1A) that relate to costs orders under section 17, the Lord Chancellor must—
(a)consult—
(i)the Law Society,
(ii)the General Council of the Bar, and
(iii)such other persons as the Lord Chancellor considers appropriate, and
(b)publish an impact assessment in respect of the regulations.”