Part 1 Appeals from Court Martial
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (2012 c 10) | Legislation

SCHEDULE 8 Costs in Criminal Cases: Service Courts

Section 62

Part 1 Appeals from Court Martial

Introduction

1

Part 2 of the Court Martial Appeals Act 1968 (appeals from Court Martial) is amended as follows.

Costs of successful appellant

2

(1)     Section 31 (costs of successful appellant) is amended as follows.

(2)     In subsection (1) omit “other than an appeal against sentenceâ€.

(3)     In subsection (2) at the end insert “, subject to subsection (3), section 31A and regulations under section 33B(1)(d).â€

(4)     After subsection (2) insert—

“(3)     Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.

(4)     The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—

(a)     the appellant agrees the sums, or

(b)     subsection (3) applies.

(5)     Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—

(a)

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.

LEXISNEXIS

Strict liability

Strict liabilityStrict liabilityWhen an offence does not require proof of a mental element it is an offence of strict liability. There are some common law offences of strict liability (eg public nuisance, outraging public decency and contempt) most though are statutory, arising often under

LEXISNEXIS

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos and make it clear that these duties, so far as is reasonably practicable, are also owed to any other person, whether at work or not, who may be

LEXISNEXIS

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious