• Specific Year
    Any

APPEAL COSTS ACT 1998 - SECT 15C Application for indemnity certificate if case stated for Court of Appeal

APPEAL COSTS ACT 1998 - SECT 15C

Application for indemnity certificate if case stated for Court of Appeal

    (1)     If a court states a case under section 305 of the Criminal Procedure Act 2009 , the accused may apply to the Court of Appeal for, and the Court of Appeal may grant, an indemnity certificate in respect of—

        (a)     the accused's own costs of the hearing and determination of the question of law set out in the case stated; and

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

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

        (a)     an amount equal to the accused's own costs of the hearing and determination of the question of law set out in the case stated; and

        (b)     if a new trial is ordered, any additional costs that the accused 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.