Costs in Criminal Cases (General) Regulations 1986
| Jurisdiction | UK Non-devolved |
1986 No. 1335
CRIMINAL LAW, ENGLAND AND WALES
The Costs in Criminal Cases (General) Regulations 1986
Made 28th July 1986
Laid before Parliament 11th August 1986
Coming into Operation 1st October 1986
The Lord Chancellor, in exercise of the powers conferred on him by sections 19 and 20 of the Prosecution of Offences Act 1985, hereby makes the following Regulations:—
PART I
PRELIMINARY
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Costs in Criminal Cases (General) Regulations 1986 and shall come into operation on 1st October 1986.
(2) In these Regulations, “” means
Revocations
2.—(1) Subject to the provisions of this regulation, the Costs in Criminal Cases (Central Funds) (Appeals) Regulations 19771and the Costs in Criminal Cases (Allowances) Regulations 1977 shall be revoked.
(2) The revocation by paragraph (1) of the regulations mentioned in that paragraph shall not affect any review or appeal or the making of any allowance in respect of proceedings instituted by or on behalf of any of the authorities mentioned in paragraph (3) before 1st April 1986 which are not concluded by 1st October 1986.
(3) The authorities referred to in paragraph (2) are—
(a)
(a) a police force (within the meaning of section 3 of the Act);
(b)
(b) a government department (other than the Crown Prosecution Service);
(c)
(c) a local authority or other authority or body constituted for purposes of—
(i) the public service or of local government; or
(ii) carrying on under national ownership any industry or undertaking or part of an industry or undertaking; or
(d)
(d) any other authority or body whose members are appointed by Her Majesty or by any Minister of the Crown or government department or whose revenues consist wholly or mainly of money provided by Parliament.
(4) Paragraph (2) shall not have effect where the conduct of proceedings to which the paragraph applies is taken over by the Crown Prosecution Service on or before 1st October 1986.
PART II
COSTS UNNECESSARILY OR IMPROPERLY INCURRED
Unnecessary or improper acts and omissions
3.—(1) Subject to the provisions of this regulation, where at any time during criminal proceedings—
(a)
(a) a magistrates' court,
(b)
(b) the Crown Court, or
(c)
(c) the Court of Appeal
is satisfied that costs have been incurred in respect of the proceedings by one of the parties as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, the court may, after hearing the parties, order that all or part of the costs so incurred by that party shall be paid to him by the other party.
(2) Before making an order under paragraph (1), the court shall take into account any other order as to costs (including any legal aid order) which has been made in respect of the proceedings.
(3) An order made under paragraph (1) shall specify the amount of costs to be paid in pursuance of the order.
(4) Where an order under paragraph (1) has been made, the court may take that order into account when making any other order as to costs in respect of the proceedings.
(5) No order under paragraph (1) shall be made by a magistrates' court which requires a person under the age of seventeen who has been convicted of an offence to pay an amount by way of costs which exceeds the amount of any fine imposed on him.
PART III
COSTS OUT OF CENTRAL FUNDS
Application and definitions
4. This Part of these Regulations applies to costs payable out of central funds in pursuance of an order made under or by virtue of Part II of the Act and in this Part of these Regulations—
“” means
“”
“” means
“”
“” means and
“” means
The appropriate authority
5.—(1) Costs shall be determined by the appropriate authority in accordance with these Regulations.
(2) Subject to paragraph (3), the appropriate authority shall be—
(a)
(a) the registrar of criminal appeals in the case of proceedings in the Court of Appeal,
(b)
(b) the master of the Crown Office in the case of proceedings in a Divisional Court of the Queen's Bench Division,
(c)
(c) an officer appointed by the Lord Chancellor in the case of proceedings in the Crown Court,
(d)
(d) the justices' clerk in the case of proceedings in a magistrates' court.
(3) The appropriate authority may appoint or authorise the appointment of determining officers to act on its behalf under these Regulations in accordance with directions given by it or on its behalf.
Claims for costs
6.—(1) Subject to regulation 12, no claim for costs shall be entertained unless it is submitted within three months of the date on which the costs order was made.
(2) Subject to paragraph (3), a claim for costs shall be submitted to the appropriate authority in such form and manner as it may direct and shall be accompanied by any receipts or other documents in support of any disbursements claimed.
(3) A claim shall—
(a)
(a) summarise the items of work done by a solicitor;
(b)
(b) state, where appropriate, the dates on which items of work were done, the time taken and the sums claimed, and
(c)
(c) specify any disbursements claimed, including counsel's fees, the circumstances in which they were incurred and the amounts claimed in respect of them.
(4) Where there are any special circumstances which should be drawn to the attention of the appropriate authority, the applicant shall specify them.
(5) The applicant shall supply such further particulars, information and documents as the appropriate authority may require.
Determination of costs
7.—(1) The appropriate authority shall consider the claim, any further particulars, information or documents submitted by the applicant under regulation 6 and shall allow such costs in respect of—
(a)
(a) such work as appears to it to have been actually and reasonably done; and
(b)
(b) such disbursements as appear to it to have been actually and reasonably incurred,
as it considers reasonably sufficient to compensate the applicant for any expenses properly incurred by him in the proceedings.
(2) In determining costs under paragraph (1) the appropriate authority shall taken into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved.
(3) When determining costs for the purposes of this regulation, there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the appropriate authority may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved against the applicant.
Payment of costs
8.—(1) Having determined the costs payable to an applicant in accordance with these Regulations, the appropriate authority shall notify the applicant of the costs payable and authorise payment accordingly.
(2) Where the costs payable under paragraph (1) are varied as a result of a redetermination under regulation 9, an appeal to a taxing master under regulation 10, or an appeal to the High Court under regulation 11, then—
(a)
(a) where the costs are increased, the appropriate authority shall authorise payment of the increase;
(b)
(b) where the costs are decreased, the applicant shall repay the amount of such decrease; and
(c)
(c) where the payment of the costs of an appeal is ordered under regulation 10(14) or 11(8), the appropriate authority shall authorise such payment to the applicant.
Redetermination of costs by an appropriate authority
9.—(1) An applicant who is dissatisfied with the costs determined under these Regulations by an appropriate authority in respect of proceedings other than proceedings before a magistrates' court may apply to the appropriate authority to redetermine them.
(2) Subject to regulation 12, the application shall be made, within 21 days of the receipt of notification of the costs payable under regulation 8(1), by giving notice in writing to the appropriate authority specifying the items in respect of which the application is made and the grounds of objection and shall be made in such form and manner as the appropriate authority may direct.
(3) The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the appropriate authority shall notify the applicant of the time at which it is prepared to hear him or his representative.
(4) The notice of application shall be accompanied by any particulars, information and documents supplied under regulation 6 and the applicant shall supply such further particulars, information and documents as the appropriate authority may require.
(5) The appropriate authority shall redetermine the costs, whether by way of increase, decrease or at the level previously determined, in the light of the objections made by the applicant or on his behalf and shall notify the applicant of its decision.
(6) The applicant may request the appropriate authority to give reasons in writing for its decision and, if so requested, the appropriate authority shall comply with the request.
(7) Subject to regulation 12, any request under paragraph (6) shall be made within 21 days of receiving notification of the decision.
Appeals to a taxing master
10.—(1) Where the appropriate authority has given its reasons for its decision on a redetermination under regulation 9, an applicant who is dissatisfied with that decision may appeal to a taxing master.
(2) Subject to regulation 12, an appeal shall be instituted within 21 days of the receipt of the appropriate authority's reasons by giving notice in writing to the Chief Taxing Master specifying the items in respect...
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