Costs
orders against the parties
78.1
Crown Court’s jurisdiction to award costs in appeal from magistrates’
court
(1)
Subject to the provisions of section 109(1) of the Magistrates’
Courts Act 1980 ( (1)) (power of magistrates’ courts to award
costs on abandonment of appeals from magistrates’ courts), no
party shall be entitled to recover any costs of any proceedings in the
Crown Court from any other party to the proceedings except under an
order of the Court.
(2)
Subject to the following provisions of this rule, the Crown Court may
make such order for costs as it thinks just.
(3)
No order for costs shall be made on the abandonment of an appeal from
a magistrates’ court by giving notice under rule 63.5.
(4)
Without prejudice to the generality of paragraph (2), the Crown Court
may make an order for costs on dismissing an appeal where the appellant
has failed to proceed with the appeal or on the abandonment of an appeal
not being an appeal to which paragraph (3) applies.
Formerly
rule 12 of the Crown Court Rules 1982 ( (2)). See also the relevant
provisions of the Prosecution of Offences Act 1985 ( (3)) and the Costs
in Criminal Cases (General) Regulations 1986 ( (4)). As to costs in
restraint or receivership proceedings under Part 2 of the Proceeds of
Crime Act 2002 see rules 61.19 to 61.22.
78.2
Crown Court’s jurisdiction to award costs in magistrates’
court proceedings from which appeal is brought
Where
an appeal is brought to the Crown Court from the decision of a magistrates’
court and the appeal is successful, the Crown Court may make any order
as to the costs of the proceedings in the magistrates’ court which
that court had power to make.
Formerly
rule 13 of the Crown Court Rules 1982. See also the relevant provisions
of the Prosecution of Offences Act 1985 and the Costs in Criminal Cases
(General) Regulations 1986.
78.3
Taxation of Crown Court costs
(1)
Where under these Rules the Crown Court has made an order for the costs
of any proceedings to be paid by a party and the Court has not fixed
a sum, the amount of the costs to be paid shall be ascertained as soon
as practicable by the Crown Court officer (hereinafter referred to as
the taxing authority).
(2)
On a taxation under the preceding paragraph there shall be allowed the
costs reasonably incurred in or about the prosecution and conviction
or the defence, as the case may be.
Formerly
rule 14 of the Crown Court Rules 1982. See also the relevant provisions
of the Prosecution of Offences Act 1985 and the Costs in Criminal Cases
(General) Regulations 1986.
78.4
Review of Crown Court costs by taxing authority
(1)
Any party dissatisfied with the taxation of any costs by the taxing
authority under rule 78.3 may apply to the taxing authority to review
his decision.
(2)
The application shall be made by giving notice to the taxing authority
and to any other party to the taxation within 14 days of the taxation,
specifying the items in respect of which the application is made and
the grounds of objection.
(3)
Any party to whom notice is given under the preceding paragraph may
within 14 days of the service of the notice deliver to the taxing authority
answers in writing to the objections specified in that notice to the
taxing authority and, if he does, shall send copies to the applicant
for the review and to any other party to the taxation.
(4)
The taxing authority shall reconsider his taxation in the light of the
objections and answers, if any, of the parties and any oral representations
made by or on their behalf and shall notify them of the result of his
review.
Formerly
rule 15 of the Crown Court Rules 1982. See also the relevant provisions
of the Prosecution of Offences Act 1985 and the Costs in Criminal Cases
(General) Regulations 1986.
78.5
Further review of Crown Court costs by Taxing Master
(1)
Any party dissatisfied with the result of a review of taxation under
rule 78.4 may, within 14 days of receiving notification thereof, request
the taxing authority to supply him with reasons in writing for his decision
and may within 14 days of the receipt of such reasons apply to the Chief
Taxing Master for a further review and shall, in that case, give notice
of the application to the taxing authority and to any other party to
the taxation, to whom he shall also give a copy of the reasons given
by the taxing authority.
(2)
Such application shall state whether the application wishes to appear
or be represented, or whether he will accept a decision given in his
absence and shall be accompanied by a copy of the notice given under
rule 78.4, of any answer which may have been given under paragraph (3)
thereof and of the reasons given by the taxing authority for his decision,
together with the bill of costs and full supporting documents.
(3)
A party to the taxation who receives notice of an application under
this rule shall inform the Chief Taxing Master whether he wishes to
appear or be represented at a further review, or whether he will accept
a decision given in his absence.
(4)
The further review shall be conducted by a Taxing Master and if the
applicant or any other party to the taxation has given notice of his
intention to appear or be represented, the Taxing Master shall inform
the parties (or their agents) of the date on which the further review
will take place.
(5)
Before reaching his decision the Taxing Master may consult the judge
who made the order for costs and the taxing authority and, unless the
Taxing Master otherwise directs, no further evidence shall be received
on the hearing of the further review; and no ground of objection shall
be valid which was not raised on the review under rule 78.4.
(6)
In making his review, the Taxing Master may alter the assessment of
the taxing authority in respect of any sum allowed, whether by increase
or decrease.
(7)
The Taxing Master shall communicate the result of the further review
to the parties and to the taxing authority.
Formerly
rule 16 of the Crown Court Rules 1982. See also the relevant provisions
of the Prosecution of Offences Act 1985 and the Costs in Criminal Cases
(General) Regulations 1986.
78.6
Appeal to High Court judge after review of Crown Court costs
(1)
Any party dissatisfied with the result of a further review under rule
78.5 may, within 14 days of receiving notification thereof, appeal by
originating summons to a judge of the Queen’s Bench Division of
the High Court if, and only if, the Taxing Master certifies that the
question to be decided involves a point of principle of general importance.
(2)
On the hearing of the appeal the judge may reverse, affirm or amend
the decision appealed against or make such other order as he thinks
appropriate.
Formerly
rule 17 of the Crown Court Rules 1982. See also the relevant provisions
of the Prosecution of Offences Act 1985 and the Costs in Criminal Cases
(General) Regulations 1986.
78.7
Supplementary provisions on Crown Court costs
(1)
On a further review or an appeal to a judge of the High Court the Taxing
Master or judge may make such order as he thinks just in respect of
the costs of the hearing of the further review or the appeal, as the
case may be.
(2)
The time set out by rules 78.4, 78.5 and 78.6 may be extended by the
taxing authority, Taxing Master or judge of the High Court on such terms
as he thinks just.
Formerly
rule 18 of the Crown Court Rules 1982. See also the relevant provisions
of the Prosecution of Offences Act 1985 and the Costs in Criminal Cases
(General) Regulations 1986.
