APPEAL COSTS ACT 1998 - SECT 15B Application for indemnity certificate by respondent if interlocutory appeal by prosecution

APPEAL COSTS ACT 1998 - SECT 15B

    (1)     If the prosecution appeals under section 295 of the Criminal Procedure Act 2009 , the respondent to that appeal may apply to the Court of Appeal for, and the Court of Appeal may grant, an indemnity certificate in respect of—

        (a)     the respondent's own costs of the appeal; and

        (b)     if a new trial is ordered, any additional costs that the respondent will pay, or will be ordered to pay, as a consequence of the order for a new trial.

    (2)     A respondent granted an indemnity certificate under subsection (1) is entitled to be paid by the Board, on an application made to it by the respondent in the approved form—

        (a)     an amount equal to the respondent's own costs of the appeal; and

        (b)     any additional costs that the respondent pays, or is ordered to pay, as a consequence of the order for a new trial—

that the Board considers to have been reasonably incurred.

S. 15C inserted by No. 7/2009 s. 431 (as amended by No. 68/2009 s. 54(q)).