Search Legislation

Administration of Justice Act 1970

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Administration of Justice Act 1970, SCHEDULE 9. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 41.

SCHEDULE 9E+W Enforcement of Orders for Costs, Compensation, etc.

Modifications etc. (not altering text)

C1Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)

Part IE+W Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistratesE+W

1E+WWhere 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.

[F11AE+WWhere 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.]

2E+WWhere an appellant to [F2the Crown Court]against 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.

Textual Amendments

Costs awarded by assizes and quarter sessionsE+W

3E+WWhere a person appeals to [F3the Crown Court]against conviction or sentence by a magistrates’ court, and [F3the Crown Court]makes an order as to costs to be paid by him.

Textual Amendments

4E+WWhere a person is prosecuted or tried on indictment . . . F4before [F5the Crown Court]and is convicted, and the court [F6makes an order as to costs to be paid by him].

[F74AE+WWhere 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.]

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Costs awarded by Court of Appeal (criminal division) or House of LordsE+W

[F96E+WWhere 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 [F10Supreme Court], an applicant who was the appellant before the criminal division.]

Textual Amendments

F9Sch. 9 para. 6 substituted for Sch. 9 paras.6, 7 by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(5)

F10Words in Sch. 9 para. 6(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

Miscellaneous orders for costs, compensation, damages etc.E+W

[F129E+WWhere a court makes an order by virtue of [F13regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.]

[F149AE+WWhere a court orders the payment of a charge in respect of relevant court costs under [F15section 46 of the Sentencing Code].]

[F1610E+WWhere under [F17Chapter 2 of Part 7 of the Sentencing Code] a court orders the payment of compensation.]

Textual Amendments

F16Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)

12E+WWhere under [F18section 380 of the Sentencing Code] a court orders any fine, . . . F19 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.

[F20[F2112A]E+WWhere under [F22section 42 of the Sentencing Code] a court orders the payment of a surcharge.]

Textual Amendments

F20Sch. 9 Pt. 1 para. 13 inserted after para. 12 (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(3), 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

F21Sch. 9 Pt. 1 para. 13 renumbered as Sch. 9 Pt. 1 para. 12A (13.4.2015) by 2015 c. 2, s. 54(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 44

[F23[F2412B]E+WWhere under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.]

Textual Amendments

F23Sch. 9 Pt. 1 para. 13A inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 3; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F24Sch. 9 Pt. 1 para. 12B: Sch. 9 Pt. 1 para. 13A renumbered as Sch. 9 Pt. 1 para. 12B (13.4.2015) by 2015 c. 2, s. 54(2)(c); S.I. 2015/778, art. 3, Sch. 1 para. 44

[F2512CE+WWhere under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.]

Textual Amendments

F25Sch. 9 para. 12C inserted (17.3.2016) by Modern Slavery Act 2015 (c. 30), s. 61(3), Sch. 5 para. 11(3) (as amended by S.I. 2016/244, regs. 1(1), 25(b)(ii)); S.I. 2016/243, reg. 2(a)

[F26 Where under section 5 of the Isle of Wight County Council Act M1 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. ]

Textual Amendments

F26Sch. 9 Pt.I new paragraph inserted by Isle of Wight County Council Act 1971 (c. lxxi), s. 5(9)(e) (as amended by and set out in Isle of Wight Act 1990 (c. iv), s. 5, Sch.) for the purposes of s.41

Marginal Citations

Part IIE+W Cases where costs enforceable summarily as civil debt

Costs awarded by magistratesE+W

[F2713E+WWhere 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.]

14E+WWhere an appellant to [F28the 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.

Textual Amendments

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Costs awarded by assizes and quarter sessionsE+W

[F3016E+WAny 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.]

Textual Amendments

F30Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)

[F31 Costs awarded by Court of Appeal (criminal division)E+W

16AE+WWhere 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 [F32Supreme 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.]

Textual Amendments

F32Words in Sch. 9 para. 16A substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

17–20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

F34Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources