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Criminal Appeal (Northern Ireland) Act 1980
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Criminal Appeal (Northern Ireland) Act 1980, Section 41 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 7(3A) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 3(3)(a)
- s. 7(3A) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 3(3)(b)
- s. 7(3A) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 3(3)(c)
- s. 36(3)(b) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3)(b)(i)
- s. 36(3)(b) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3)(b)(ii)
- s. 36(3)(c) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3)(c)(i)
- s. 36(3)(c) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3(c)(ii)
41 Costs.U.K.
(1)Where the Court of Appeal or [F1the Supreme Court] dismisses an application for leave to appeal under this Part of this Act, the Court or [F1the Supreme Court] may, if it thinks fit,—
(a)where the application was made by the prosecutor, order the payment by the Secretary of State to the defendant of such sums as appear to the Court or [F1the Supreme Court] reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application; or
(b)where the application was made by the defendant, order him to pay the whole or any part of the costs of the application.
(2)Where an appeal to [F1the Supreme Court] from the Court under this Part of this Act is determined in favour of the defendant, [F1the Supreme Court] may, if it thinks fit, order the payment by the Secretary of State of such sums as appear to [F1the Supreme Court] reasonably sufficient to compensate the defendant for any expenses properly incurred by him—
(a)in the appeal to [F1the Supreme Court] or in the proceedings before the Court, as the case may be (including the cost of any application for leave to appeal); or
(b)in carrying on his defence before the Crown Court, at the F2... preliminary enquiry and before any other court before which proceedings for the offence in respect of which he was committed for trial were begun but not concluded.
(3)Where in any proceedings on an appeal or application for leave to appeal to [F1the Supreme Court] under this Part of this Act, an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by [F1the Supreme Court] .
(4)Except as provided by this section, no costs shall be allowed on the hearing or determination of an appeal under this Part of this Act or of any proceedings preliminary or incidental to such an appeal.
Textual Amendments
F1Words in s. 41 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(11); S.I. 2009/1604, art. 2(d)
F2Words in s. 41(2)(b) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 6; S.R. 2022/221, art. 2(d)
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