Part II
should recover the full amount mentioned in subsection (6) above, the court shall—
- (a) assess what amount would, in its opinion, be just and reasonable; and
- (b) specify that amount in the order.
(8) Where a defendant’s costs order is made in favour of a legally assisted person, any expenses incurred on his behalf pursuant to the legal aid order in question shall be disregarded in determining (for the purposes of this section) the amount of the expenses incurred by him in the proceedings.
(9) Subject to subsection (7) above, the amount to be paid out of central funds in pursuance of a defendant’s costs order shall—
- (a) be specified in the order, in any case where the court considers it appropriate for the amount to be so specified and the person in whose favour the order is made agrees the amount; and
- (b) in any other case, be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section.
(10) Subsection (6) above shall have effect, in relation to any case falling within subsection (1)(a) or (2)(a) above, as if for the words “in the proceedings” there were substituted the words “in or about the defence”.
(11) Where a person ordered to be retried is acquitted at his retrial, the costs which may be ordered to be paid out of central funds under this section shall include—
- (a) any costs which, at the original trial, could have been ordered to be so paid under this section if he had been acquitted; and
- (b) if no order was made under this section in respect of his expenses on appeal, any sums for the payment of which such an order could have been made.
Prosecution costs. 17.—(1) Subject to subsection (2) below, the court may—
- (a) in any proceedings in respect of an indictable offence; and
- (b) in any proceedings before a Divisional Court of the Queen’s Bench Division or the House of Lords in respect of a summary offence;
order the payment out of central funds of such amount as the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred by him in the proceedings.
