Part II.
Presence of defendant at hearing. 38. A defendant who is detained pending an appeal to the House of Lords shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.
Costs
Award of costs to defendant (whether appellant or respondent). 39.—(1) The following provisions apply where—
- (a) an application for leave to appeal to the House of Lords is made by the prosecutor and is dismissed by the Court of Appeal or that House; or
- (b) an appeal to the House of Lords (whether by the prosecutor or the defendant) is determined in favour of the defendant.
(2) The Court of Appeal in the case of an application for leave to appeal being dismissed by them, and the House of Lords in any other case may, if they think fit, order the payment to the defendant out of local funds (within the meaning of the 1952 c. 48.Costs in Criminal Cases Act 1952) of such sums as appear to them reasonably sufficient to compensate him for his expenses.
(3) The expenses which may be taken into account for purposes of subsection (2) above are, in a case to which subsection (1)(a) applies, those which the defendant has properly incurred in resisting the prosecutor’s application for leave to appeal; and in a case to which subsection (1)(b) applies they are those which he has properly incurred—
- (a) in the appeal to the House of Lords, including any application for leave to appeal; or
- (b) in the prosecution of his appeal to the Court of Appeal; or
- (c) in carrying on his defence at assizes or quarter sessions or before the examining justices who committed him for trial;
and the reference above to his defence at assizes or quarter sessions includes a reference to his defence before any court of assize or quarter sessions before which proceedings for the offence for which he was committed were begun but not concluded.
Costs against defendant. 40. Where the Court of Appeal or the House of Lords dismiss an application by the defendant for leave to appeal to that House, the Court or the House of Lords may, if they think fit, order him to pay to such person as may be named in the order the whole or any part of the costs of the application.
