Prosecution of Offences Act 1985

19Provision for orders as to costs in other circumstances

(1)The Lord Chancellor may by regulations make provision empowering magistrates' courts, the Crown Court and the Court of Appeal, in any case where the court is satisfied that one party to criminal proceedings has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, to make an order as to the payment of those costs.

(2)Regulations made under subsection (1) above may, in particular—

(a)allow the making of such an order at any time during the proceedings;

(b)make provision as to the account to be taken, in making such an order, of any other order as to costs (including any legal aid order) which has been made in respect of the proceedings;

(c)make provision as to the account to be taken of any such order in the making of any other order as to costs in respect of the proceedings ; and

(d)contain provisions similar to those in section 18(4) and

(3)The Lord Chancellor may by regulations make provision for the payment out of central funds, in such circumstances and in relation to such criminal proceedings as may be specified, of such sums as appear to the court to be reasonably necessary—

(a)to compensate any witness in the proceedings for the expense, trouble or loss of time properly incurred in or incidental to his attendance ;

(b)to cover the proper expenses of an interpreter who is required because of the accused's lack of English ;

(c)to compensate a duly qualified medical practitioner who—

(i)makes a report otherwise than in writing for the purpose of section 30 of the [1980 c. 43.] Magistrates' Courts Act 1980 (remand for medical examination); or

(ii)makes a written report to a court in pursuance of a request to which section 32(2) of the [1967 c. 80.] Criminal Justice Act 1967 (report by medical practitioner on medical condition of offender) applies;

for the expenses properly incurred in or incidental to his reporting to the court.

(4)The Court of Appeal may order the payment out of central funds of such sums as appear to it to be reasonably sufficient to compensate an appellant who is not in custody and who appears before it on, or in connection with, his appeal under Part I of the [1968 c. 19.] Criminal Appeal Act 1968.

(5)The Lord Chancellor may by regulations provide that any provision made by or under this Part which would not otherwise apply in relation to any category of proceedings in which an offender is before a magistrates' court or the Crown Court shall apply in relation to proceedings of that category, subject to any specified modifications.