Part I.
Witnesses’ expenses. 26. The Court of Appeal may order the payment out of local funds of such sums as appear to the Court reasonably sufficient to compensate a person properly attending to give evidence on an appeal, or any proceedings preliminary or incidental thereto, whether or not he gives evidence, for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
Expenses of appellant’s appearance. 27. Where an appellant who is not in custody appears before the Court of Appeal, either on the hearing of his appeal or in any proceedings preliminary or incidental thereto, the Court may direct that there be paid to him out of local funds the expenses of his appearance.
Provisions supplementary to ss. 24 to 27. 28.—(1) Except as provided by the foregoing sections, no costs shall be allowed on the hearing or determination of an appeal, or of any proceedings preliminary or incidental to an appeal.
(2) Any amount ordered to be paid under section 24, 25 or 26 of this Act, except where it is a specific amount ordered under section 24 to be paid towards the appellant’s expenses as a whole, or under section 25 to be paid towards the costs of an appeal or application as a whole, and any amount ordered to be paid to an appellant under section 27 of this Act, shall be ascertained as soon as practicable by the registrar.
(3) References in sections 24, 26 and 27 of this Act to payment out of local funds shall be construed as if they were contained in the 1952 c. 48.Costs in Criminal Cases Act 1952.
Other matters depending on result of appeal
Effect of appeal on sentence. 29.—(1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(2) Where the Court of Appeal give a contrary direction under subsection (1) above, they shall state their reasons for doing so; and they shall not give any such direction where—
- (a) leave to appeal has been granted; or
- (b) a certificate has been given by the judge of the court of trial under section 1 of this Act; or
- (c) the case has been referred to them by the Secretary of State under section 17 of this Act.
