[16A Legal costs]

[16A  Legal costs]

[(1)     A defendant's costs order may not require the payment out of central funds of an amount that includes an amount in respect of the accused's legal costs, subject to the following provisions of this section.

(2)     Subsection (1) does not apply where condition A, B[, C or D] is met.

(3)     Condition A is that the accused is an individual and the order is made under—

(a)     section 16(1),

(b)     section 16(3), or

(c)     section 16(4)(a)(ii) or (iii) or (d).

(4)     Condition B is that the accused is an individual and the legal costs were incurred in proceedings in a court below which were—

(a)     proceedings in a magistrates' court, or

(b)     proceedings on an appeal to the Crown Court under section 108 of the Magistrates' Courts Act 1980 (right of appeal against conviction or sentence).

(5)     Condition C is that the legal costs were incurred in proceedings in the Supreme Court.

[(5A)

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