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COSTS IN CRIMINAL CASES ACT (NORTHERN IRELAND) 1968 - SECT 4

Costs awarded by Court of Appeal.

4.(1) The [Court of Appeal] may, when it dismisses an appeal or application
for leave to appeal, order, subject to rules made pursuant to section 7, the
appellant to pay to the Ministry the whole or any part of the costs of the
appeal or application, including any expenses payable by the Ministry by
virtue of [section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980],
and to pay the cost of any transcript of a record of proceedings made in
accordance with rules of court under [section 21] of that Act.

(2) Without prejudice to the said [section 28(2)] but subject to section 6 of
this Act, the [Court of Appeal] may, when it allows an appeal against
conviction, including an appeal against a finding of not guilty on the ground
of insanity, order the Ministry to pay to the appellant the whole or any part
of the costs of the appellant.

(3) The costs of the appellant mentioned in subsection (2) shall, subject to
rules made pursuant to section 7, be such sums as appear to the Court
reasonably sufficient to compensate the appellant for any expenses properly
incurred in the prosecution of his appeal (including any proceedings
preliminary or incidental to such appeal) and in carrying on his defence at
the court of trial, including any proceedings preliminary or incidental to
such trial.

(4) Where the [Court of Appeal] orders the payment of costs under this
section, the order shall be enforceable in the same manner as an order for the
payment of costs made by the High Court in a civil case but subject, in the
case of costs payable by the Ministry, to section 25 of the Crown Proceedings
Act 1947.[


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© 1968 Crown Copyright

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