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 court when dealing with an offender, including a hospital order under Part V of the1959 c. 72. 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.
Awards by Crown Court as between parties. 4.—(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
Awards by Divisional Court. 5.—(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.
