SCHEDULES

SCHEDULE 8Costs in criminal cases: service courts

Part 1Appeals from Court Martial

Costs of successful appellant

2

1

Section 31 (costs of successful appellant) is amended as follows.

2

In subsection (1) omit “other than an appeal against sentence”.

3

In subsection (2) at the end insert “ , subject to subsection (3), section 31A and regulations under section 33B(1)(d). ”

4

After subsection (2) insert—

3

Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.

4

The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—

a

the appellant agrees the sums, or

b

subsection (3) applies.

5

Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—

a

they must describe in the direction any reduction required under subsection (3), and

b

the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.