Costs in Criminal Cases Act 1973
| Jurisdiction | UK Non-devolved |
| Citation | 1973 c. 14 |
| Year | 1973 |
Costs in Criminal CasesAct 1973
1973 CHAPTER 14
An Act to consolidate certain enactments relating to costs in criminal cases.
[18th April 1973]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Awards by magistrates' courts
1 Awards by magistrates' courts out of central funds.
(1) A magistrates' court dealing summarily with an indictable offence, or inquiring into any offence as examining justices, may, subject to the provisions of this section, order the payment out of central funds of the costs of the prosecution.
(2) A magistrates' court dealing summarily with an indictable offence and dismissing the information, or inquiring into any offence as examining justices and determining not to commit the accused for trial, may, subject to the provisions of this section, order the payment out of central funds of the costs of the defence.
(3) The costs payable out of central funds under the preceding provisions of this section shall be such sums as appear to the court reasonably sufficient to compensate the prosecutor, or as the case may be the accused, for the expenses properly incurred by him in carrying on the prosecution or the defence, and to compensate any witness for the prosecution, or as the case may be for the defence, for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
(4) Notwithstanding that the court makes no order under subsection (2) above for the payment out of central funds of the costs of the defence, it may order the payment out of those funds of such sums as appear to the court reasonably sufficient to compensate any witness for the defence for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
(5) References in subsections (3) and (4) above to a witness include any person who is a witness to character only and in respect of whom the court certifies that the interests of justice required his attendance, but no sums shall be payable in pursuance of an order made under this section to or in respect of any witness who is a witness to character only and in respect of whom no such certificate is given.
(6) The amount of costs ordered to be paid under this section shall be ascertained as soon as practicable by the proper officer of the court.
(7) In this section the expression ‘witness’ means a person properly attending to give evidence, whether or not he gives evidence; and a person who, at the instance of the court, is called or properly attends to give evidence may be made the subject of an order under subsection (4) above whether or not he is a witness for the defence.
2 Awards by magistrates' courts as between parties.
(1) On the summary trial of an information a magistrates' court shall, on dismissal of the information, have power to make such order as to costs to be paid by the prosecutor to the accused as it thinks just and reasonable.
(2) On the summary trial of an information a magistrates' court shall, on conviction, have power to make such order as to costs to be paid by the accused to the prosecutor as it thinks just and reasonable, but—
(a ) where under the conviction the court orders payment of any sum as a fine, penalty, forfeiture or compensation, and the sum so ordered to be paid does not exceed 25p, the court shall not order the accused to pay any costs under this subsection unless in any particular case it thinks fit to do so.
(b ) where the accused is under seventeen years old, the amount of the costs ordered to be paid by the accused himself under this subsection shall not exceed the amount of any fine ordered to be so paid.
(3) A court shall specify in the order of dismissal, or as the case may be the conviction, the amount of any costs that it orders to be paid under subsection (1) or (2) above.
(4) Where examining justices determine not to commit the accused for trial on the ground that the evidence is not sufficient to put him upon his trial, and are of opinion that the charge was not made in good faith, they may order the prosecutor to pay the whole or any part of the costs incurred in or about the defence.
(5) If the amount ordered to be paid under subsection (4) above exceeds 25, the prosecutor may appeal to the Crown Court; and no proceedings shall be taken upon the order until the time allowed for giving notice of appeal has elapsed, or, if within that time notice of appeal is given, until the appeal is determined or ceases to be prosecuted.
Awards by Crown Court
3 Awards by Crown Court out of central funds.
(1) Subject to the provisions of this section, where a person is prosecuted or tried on indictment before the Crown Court, the court may—
(a ) order the payment out of central funds of the costs of the prosecution;
(b ) if the accused is acquitted, order the payment out of central funds of the costs of the defence.
(2) Subject to the provisions of this section, where an appeal is brought to the Crown Court against a conviction by a magistrates' court of an indictable offence, or against the sentence imposed on such a conviction, the court may—
(a ) order the payment out of central funds of the costs of the prosecution;
(b ) if the appeal is against a conviction, and the conviction is set aside in consequence of the decision on the appeal, order the payment out of central funds of the costs of the defence.
(3) The costs payable out of central funds under the preceding provisions of this section shall be such sums as appear to the Crown Court reasonably sufficient—
(a ) to compensate the prosecutor, or as the case may be the accused, for the expenses properly incurred by him in carrying on the proceedings, and
(b ) to compensate any witness for the prosecution, or as the case may be for the defence, for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
(4) Notwithstanding that the court makes no order under this section as respects the costs of the defence, it may order the payment out of central funds of such sums as appear to the court reasonably sufficient to compensate any witness for the defence for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
(5) References in subsections (3) and (4) above to a witness include any person who is a witness to character only and in respect of whom the court certifies that the interests of justice required his attendance, but no sums shall be payable in pursuance of an order made under this section to or in respect of any witness who is a witness to character only and in respect of whom no such certificate is given.
(6) The amount of costs ordered to be paid under this section shall be ascertained as soon as practicable by the appropriate officer of the Crown Court.
(7) In subsection (2) above, ‘sentence’ includes any order made by a count when dealing with an offender, including a hospital order under Part V of the Mental Health Act 1959 and a recommendation for deportation.
(8) In this section the expression ‘witness’ means a person properly attending to give evidence, whether or not he gives evidence; and a person who, at the instance of the court, is called or properly attends to give evidence may be made the subject of an order under subsection (4) above whether or not he is a witness for the defence.
(9) The costs of carrying on the defence that may be awarded to any person under this section may include the costs of carrying on the defence before the examining justices who committed him for trial, or as the case may be before the magistrates' court who convicted him.
4 Awards by Crown Court as between parties.
(1) Where a person is prosecuted or tried on indictment before the Crown Court, the court may—
(a ) if the accused is convicted, order him to pay the whole or any part of the costs incurred in or about the prosecution and conviction, including any proceedings before the examining justices;
(b ) if the accused is acquitted, order the prosecutor to pay the whole or any part of the costs incurred in or about the defence including any proceedings before the examining justices.
(2) The amount of costs ordered to be paid under this section shall (except where it is a specific amount ordered to be so paid) be ascertained as soon as practicable by the appropriate officer of the Crown Court.
Awards by, and on appeals from, Divisional Court
5 Awards by Divisional Court.
(1) A Divisional Court of the Queen's Bench Division may order the payment out of central funds of the costs of any party to proceedings before the Divisional Court in a criminal cause or matter.
(2) The costs payable out of central funds under subsection (1) above shall be such sums as appear to the Divisional Court reasonably sufficient to compensate the party concerned for any expenses properly incurred by him in the proceedings or in any court below.
(3) The amount of costs ordered to be paid under this section shall be ascertained by the master of the Crown Office.
6 Awards on appeals from Divisional Court.
(1) The House of Lords on determining an appeal from a decision of a Divisional Court of the Queen's Bench Division in a criminal cause or matter may order the payment out of central funds of the costs of the accused or the prosecutor.
(2) The...
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