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Section 41.

SCHEDULE 9 Enforcement of Orders for Costs, Compensation, etc

Annotations:

Modifications etc. (not altering text)

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

Part I Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistrates

1Where 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.

[F11AWhere 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.]

Annotations:

Amendments (Textual)

F1Sch. 9 Para. 1A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt.II para. 7(2)

2Where an appellant to [F1the 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.

Annotations:

Amendments (Textual)

F1Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

Costs awarded by assizes and quarter sessions

3Where a person appeals to [F1the Crown Court]against conviction or sentence by a magistrates’ court, and [F1the Crown Court]makes an order as to costs to be paid by him.

Annotations:

Amendments (Textual)

F1Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

4Where a person is prosecuted or tried on indictment . . . F1before [F2the Crown Court]and is convicted, and the court [F3makes an order as to costs to be paid by him].

Annotations:

Amendments (Textual)

F1Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13

F2Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

F3Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt.II para. 7(3)

[F14AWhere 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.]

Annotations:

Amendments (Textual)

F1Sch. 9 para. 4A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt.II para. 7(4)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2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 Lords

[F16Where 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 House of Lords, an applicant who was the appellant before the criminal division.]

Annotations:

Amendments (Textual)

F1Sch. 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)

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt.IV

Miscellaneous orders for costs, compensation, damages etc

[F19Where a court makes an order by virtue of [F2regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.]

Annotations:

Amendments (Textual)

F1Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6

F2Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt.II para. 7(6)

[F110Where under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation.]

Annotations:

Amendments (Textual)

F1Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)

12Where under [F1section 137 of the Powers of Criminal Courts (Sentencing) Act 2000] a court orders any fine, . . . F2 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.

Annotations:

Amendments (Textual)

F1Words in Sch. 9 para. 12 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(3)

F2Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt.II

[F1Where under section 5 of the Isle of Wight County Council Act M11971 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.]

Annotations:

Amendments (Textual)

F1Sch. 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

M11971 c.lxxi.

Part II Cases where costs enforceable summarily as civil debt

Costs awarded by magistrates

[F113Where 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.]

Annotations:

Amendments (Textual)

F1Sch. 9 para. 13 substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt.II para. 7(7)

14Where an appellant to [F1the 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.

Annotations:

Amendments (Textual)

F1Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Sch. 9 para. 15 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt.II para. 7(8), Sch. 2

Costs awarded by assizes and quarter sessions

[F116Any 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.]

Annotations:

Amendments (Textual)

F1Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)

[F1 Costs awarded by Court of Appeal (criminal division)

Annotations:

Amendments (Textual)

F1Sch. 9 para. 16A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt.II para. 7(9)

16AWhere 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 House of Lords, 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.]

17–20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt.IV