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COSTS IN CRIMINAL CASES ACT (NORTHERN IRELAND) 1968 - SECT 5

1980 NI 3

5.(1) A county court, when exercising, in criminal appeals, the jurisdiction
conferred on it by [Part IV of the County Courts (Northern Ireland) Order
1980], may

(a)when it dismisses an appeal, order, subject to rules made pursuant to
section 7, the appellant to pay to the respondent the whole or any part of the
costs of the appeal; or

(b)when it allows an appeal against conviction, order, subject to section 6,
the respondent to pay to the appellant the whole or any part of the costs of
the appellant.

(2) The costs of the appellant mentioned in subsection (1)(b) shall, subject
to rules made pursuant to section 7, be such sums as appear to the county
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 an appeal) and in carrying on his defence at
the magistrates' court, including any proceedings preliminary or incidental to
the proceedings in that court.

(3) Notwithstanding that the court makes no order under subsection (1)(b) for
the payment of the costs of the appellant, it may, subject to section 6, order
the payment by the respondent of such sums as, subject to rules made pursuant
to section 7, appear to the county court reasonably sufficient to compensate
any person properly attending to give evidence for the appellant, or at the
instance of the court, on an appeal against conviction to that court, or in
proceedings preliminary or incidental to such appeal, whether or not he gives
evidence, for the expense, trouble or loss of time properly incurred in, or
incidental to, his attendance.

(4) Where, under this section, a county court orders the payment of costs by

(a)the person who has appealed against the conviction, the order shall be
enforceable in the same manner as a sum adjudged to be paid by a conviction of
a magistrates' court;

(b)a prosecutor who is a private prosecutor, the order shall be enforceable in
the same manner as an order made by a magistrates' court in respect of a civil
debt;

(c)a prosecutor who is not a private prosecutor, the order shall be
enforceable in the same manner as is provided by section 25 of the Crown
Proceedings Act 1947 for the payment of costs in civil proceedings.[

© 1968 Crown Copyright

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