APPEAL COSTS ACT 1998 - SECT 17A Application for indemnity certificate if DPP applies for continuation of prosecution of person previously acquitted

APPEAL COSTS ACT 1998 - SECT 17A

    (1)     If an application is made to the Court of Appeal under section 327H of the Criminal Procedure Act 2009 , the accused may apply to the Court of Appeal for, and, if it is in the interests of justice to do so, the Court of Appeal may grant, an indemnity certificate in respect of—

        (a)     the accused's own costs of the application; and

        (b)     if the Court of Appeal orders that the prosecution of the charge in the direct indictment against the accused may continue, any additional costs that the accused will pay, or will be ordered to pay, as a consequence of the order for the continuation of the prosecution.

    (2)     In determining whether it is in the interests of justice to grant an indemnity certificate under subsection (1), the Court of Appeal may have regard to—

        (a)     whether the Court of Appeal orders that the prosecution of the charge in the direct indictment against the accused may continue; and

        (b)     whether the previous acquittal was attributable in any way to the act, neglect or fault of the accused; and

        (c)     any other matter that the Court of Appeal considers relevant.

    (3)     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 application; and

        (b)     any additional costs that the accused pays, or is ordered to pay, as a consequence of the order for the continuation of the prosecution—

that the Board considers to have been reasonably incurred.