Administration of Justice Act 1970
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Change 1
SCHEDULE 9 Enforcement of Orders for Costs, Compensation, etc.
Section 41. Part I Cases where Payment Enforceable as on Summary Conviction Costs awarded by magistrates 1 Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor. 1A Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 2 Where an appellant to the Crown Courtagainst conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal. Costs awarded by assizes and quarter sessions 3 Where a person appeals to the Crown Courtagainst conviction or sentence by a magistrates’ court, and the Crown Courtmakes an order as to costs to be paid by him. 4 Where a person is prosecuted or tried on indictment . . . before the Crown Courtand is convicted, and the court makes an order as to costs to be paid by him. 4A Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs awarded by Court of Appeal (criminal division) or House of Lords 6 Where the criminal division of the Court of Appeal makes an order as to costs to be paid by— (a) an appellant; (b) an applicant for leave to appeal to that court; or (c) in the case of an application for leave to appeal to the Supreme Court, an applicant who was the appellant before the criminal division. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous orders for costs, compensation, damages etc. 9 Where a court makes an order by virtue of regulations made under section 19(5) of the Prosecution of Offences Act 1985 for the payment of costs by an offender. 9A Where a court orders the payment of a charge in respect of relevant court costs under section 46 of the Sentencing Code. 10 Where under Chapter 2 of Part 7 of the Sentencing Code a court orders the payment of compensation. 12 Where under section 380 of the Sentencing Code a court orders any fine, . . . compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person. 12A Where under section 42 of the Sentencing Code a court orders the payment of a surcharge. 12B Where under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order. 12C Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order. Where under section 5 of the Isle of Wight County Council Act 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section. Part II Cases where costs enforceable summarily as civil debt Costs awarded by magistrates 13 Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 14 Where an appellant to the Crown Court from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs awarded by assizes and quarter sessions 16 Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament. Costs awarded by Court of Appeal (criminal division) 16A Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the Supreme Court, an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 17–20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9 Enforcement of Orders for Costs, Compensation, etc.
Section 41. Part I Cases where Payment Enforceable as on Summary Conviction Costs awarded by magistrates 1 Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor. 1A Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 2 Where an appellant to the Crown Courtagainst conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal. Costs awarded by assizes and quarter sessions 3 Where a person appeals to the Crown Courtagainst conviction or sentence by a magistrates’ court, and the Crown Courtmakes an order as to costs to be paid by him. 4 Where a person is prosecuted or tried on indictment . . . before the Crown Courtand is convicted, and the court makes an order as to costs to be paid by him. 4A Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs awarded by Court of Appeal (criminal division) or House of Lords 6 Where the criminal division of the Court of Appeal makes an order as to costs to be paid by— (a) an appellant; (b) an applicant for leave to appeal to that court; or (c) in the case of an application for leave to appeal to the Supreme Court, an applicant who was the appellant before the criminal division. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous orders for costs, compensation, damages etc. 9 Where a court makes an order by virtue of regulations made under section 19(5) of the Prosecution of Offences Act 1985 for the payment of costs by an offender. 9A Where a court orders the payment of a charge in respect of relevant court costs under section 46 of the Sentencing Code. 10 Where under Chapter 2 of Part 7 of the Sentencing Code a court orders the payment of compensation. 12 Where under section 380 of the Sentencing Code a court orders any fine, . . . compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person. 12A Where under section 42 of the Sentencing Code a court orders the payment of a surcharge. 12B Where under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order. 12C Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order. Where under section 5 of the Isle of Wight County Council Act 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section. Part II Cases where costs enforceable summarily as civil debt Costs awarded by magistrates 13 Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 14 Where an appellant to the Crown Court from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs awarded by assizes and quarter sessions 16 Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament. Costs awarded by Court of Appeal (criminal division) 16A Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the Supreme Court, an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. 17–20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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