Statutory Instruments
1991 No. 789

CRIMINAL LAW, ENGLAND AND WALES
Costs in Criminal Cases (General) (Amendment) Regulations 1991

Made
21st March 1991

Laid before Parliament
10th April 1991

Coming into force
1st May 1991

The Lord Chancellor, in exercise of the powers conferred on him bysections 19A and 20 of the Prosecution of Offences Act 1985(1), hereby makes the following Regulations:–

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Costs in Criminal Cases(General) (Amendment) Regulations 1991 and shall come into force on 1stMay 1991.

(2) In these Regulations a regulation referred to by number means aregulation so numbered in the Costs in Criminal Cases (General)Regulations 1986(2).

Amendment of the Costs in Criminal Cases (General) Regulations 1986

2.—(1) After Regulation 3 there shall be inserted the following new Part tothe Regulations:–

“PART IIAWASTED COSTS ORDERS

Application and definitions

3A.  This Part of these Regulations applies to action taken by a courtunder section 19A of the Act and in this Part of theseregulations:–

“wasted costs order” means any action taken by a court under section 19A of the Act;and

“interested party” means the party benefiting from the wasted costs order and, wherehe was legally aided, or an order for the payment of costs out ofcentral funds was made in his favour, shall include the authorityresponsible for determining costs payable in respect of work done underthe legal aid order or out of central funds as the case may be.

General

3B.—(1) A wasted costs order may provide for the whole or any part of thewasted costs to be disallowed or ordered to be paid and the court shallspecify the amount of such costs.

(2) Before making a wasted costs order the court shall allow the legalor other representative and any party to the proceedings to makerepresentations.

(3) When making a wasted costs order the court may take into account anyother order as to costs in respect of the proceedings and may take thewasted costs into account when making any other such order.

(4) Where a wasted costs order has been made the court shall notify anyinterested party of the order and the amount disallowed or ordered to bepaid.

Appeals

3C.—(1) A legal or other representative against whom the wasted costs orderis made may appeal–

(a) in the case of an order made by a magistrates' court, to the CrownCourt, and

(b) in the case of an order made at first instance by the Crown Court,to the Court of Appeal.

(2) Subject to paragraph (4), an appeal shall be instituted within 21days of the wasted costs order being made by the appellant’s givingnotice in writing to the court which made the order, stating the groundsof appeal.

(3) The appellant shall serve a copy of the notice of appeal andgrounds, including any application for an extension of time in which toappeal, on any interested party.

(4) The time limit within which an appeal may be instituted may, forgood reason, be extended before or after it expires–

(a) in the case of an appeal to the Crown Court, by a judge of thatcourt;

(b) in the case of an appeal to the Court of Appeal, a judge of theHigh Court or Court of Appeal,

and in each case the court to which the appeal is made shall givenotice of the extension to the appellant, the court which made thewasted costs order and any interested party.

(5) The court shall give notice of the hearing date to the appellant,the court which made the wasted costs order and any interested party andshall allow the interested party to make representations which may bemade orally or in writing.

(6) The court may affirm, vary or revoke the order as it thinks fit andshall notify its decision to the appellant, any interested party and thecourt which made the order.

Recovery of sums due under a wasted costs order

3D.  Where the person required to make a payment in respect of sums dueunder a wasted costs order fails to do so, the payment may be recoveredsummarily as a sum adjudged to be paid as a civil debt by order of amagistrates' court by the party benefiting from the order, save thatwhere he was legally aided or an order for the payment of costs out ofcentral funds was made in his favour, the power to recover shall beexercisable by the Lord Chancellor.”

(2) In regulation 26–

(a) in paragraph (1) for the words“party to the proceedings” there shall be substituted the word“person”;

(b) after paragraph (2) there shall be inserted the following newparagraph:–

“(3) In this regulation“costs order” shall include a wasted costs order as defined by regulation 3A ofthese Regulations.”.

Mackay of Clashfern, C
Dated 21st March 1991

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Costs in Criminal Cases (General)Regulations 1986 by making provision for the payment of wasted costsorders to be borne by legal or other representatives in criminalproceedings by virtue of section 19A of the Act. Provision is also madefor an appeal against a wasted costs order of a magistrates' court orthe Crown Court, for the order to be enforced as a civil debt in themagistrates' court and for recovery by the Lord Chancellor of sums paidout of the legal aid fund or central funds where a wasted costs orderhas been made.


(1)
1985 c. 23; section 19A was inserted by the Courts andLegal Services Act 1990 (c. 41) section 111.

(2)
S.I. 1986/1335.