Page:Prosecution of Offences Act 1985.pdf/16

14c. 23

(7) The person who, immediately before the commencement of section 2 of this Act, holds the office of Director shall be treated on the commencement of that section as holding that office in pursuance of an appointment made by the Attorney General.

Award of costs out of central funds

16.—(1) Where—
 * (a) an information laid before a justice of the peace for any area, charging any person with an offence, is not proceeded with;
 * (b) a magistrates’ court inquiring into an indictable offence as examining justices determines not to commit the accused for trial;
 * (c) a magistrates’ court dealing summarily with an offence dismisses the information;

that court or, in a case falling within paragraph (a) above, a magistrates’ court for that area, may make an order in favour of the accused for a payment to be made out of central funds in respect of his costs (a “defendant’s costs order”).

(2) Where—
 * (a) any person is not tried for an offence for which he has been indicted or committed for trial; or
 * (b) any person is tried on indictment and acquitted on any count in the indictment;

the Crown Court may make a defendant’s costs order in favour of the accused.

(3) Where a person convicted of an offence by a magistrates’ court appeals to the Crown Court under section 108 of the Magistrates’ Courts Act 1980 (right of appeal against conviction or sentence) and, in consequence of the decision on appeal—
 * (a) his conviction is set aside; or
 * (b) a less severe punishment is awarded;

the Crown Court may make a defendant’s costs order in favour of the accused.

(4) Where the Court of Appeal—
 * (a) allows an appeal under Part I of the Criminal Appeal Act 1968 against—
 * (i) conviction;