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APPEAL COSTS ACT 1998 - SECT 17 Application for indemnity certificate if criminal proceeding adjourned

APPEAL COSTS ACT 1998 - SECT 17

Application for indemnity certificate if criminal proceeding adjourned

S. 17(1) amended by No. 34/2004 s. 4(1).

    (1)     If—

        (a)     the hearing of any criminal proceeding is adjourned; and

S. 17(1)(b) amended by Nos 35/2002 s. 26(1)(a), 68/2009 s. 97(Sch. item 8.3).

        (b)     the reason for the adjournment was not attributable in any way to the act, neglect or fault of a party accused or convicted of an offence to which the proceeding relates (whether that party is an accused, appellant or respondent in the proceeding), or that party's legal practitioner

S. 17(1)(c) repealed by No. 35/2002 s. 26(1)(b).

    *     *     *     *     *

that party may apply to the court for, and the court may grant, an indemnity certificate in respect of that party's own costs of the adjournment for the day on which the adjournment is granted and, if appropriate, the next day on which the court sits.

S. 17(2) substituted by Nos 35/2002 s. 26(2), 34/2004 s. 4(2).

    (2)     The court may only grant an indemnity certificate under subsection (1) if it is satisfied that—

        (a)     it is inappropriate to make an order for costs against any party or any other person; and

        (b)     the reason for the adjournment was as set out in subsection (1)(b).

S. 17(3) amended by Nos 35/2002 s. 26(3), 34/2004 s. 4(3), 14/2006 s. 3.

    (3)     A party granted an indemnity certificate under subsection (1) is entitled to be paid by the Board, on an application made to it by that party in the approved form and on proof being provided by that party of the costs that have been incurred, an amount equal to that party's own costs of the adjournment, to the maximum, if any, specified under subsection (5), in respect of the day or days referred to in the indemnity certificate, that the Board considers to have been reasonably incurred and that have not been ordered to be paid by any other party.

S. 17(4) amended by Nos 35/2002 s. 26(4), 68/2009 s. 97(Sch. item 8.4).

    (4)     For the purposes of this section, a criminal proceeding is deemed to have been adjourned if the court hearing the proceeding, the informant or the Director of Public Prosecutions (as the case may be) notifies the party accused or convicted of an offence (whether that party is an accused, appellant or respondent in the proceeding) to which the proceeding relates or their legal practitioner that a date has been fixed for the hearing of the proceeding, and the proceeding is not listed for hearing on that day.

S. 17(5) inserted by No. 34/2004 s. 4(4).

    (5)     The Attorney-General may, by order published in the Government Gazette, specify the maximum amount payable by the Board for each day in respect of which an indemnity certificate has been granted under this section.

S. 17(6) inserted by No. 34/2004 s. 4(4).

    (6)     An order made under subsection (5)—

        (a)     may be of general or limited application;

        (b)     may differ according to differences in time, place or circumstance.

S. 17A inserted by No. 81/2011 s. 21.