(1)The Court of Appeal or the High Court in the exercise of its powers under Part XX may award costs to be paid by or to the parties as it thinks fit.
Section history
Section 356 — Costs ordered by Court of Appeal or General Division of High Court
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Subsection (1) — Original text to 31 October 2018superseded
Subsection (1) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(1)The Court of Appeal or the General Division of the 2021High Court, in the exercise of its powers under Part XX,202120,2021 may —
(a)on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court 2021thinks fit; or
(b)on the application of any party, make an order for costs, of such amount as the Court of Appeal or the General Division of the High Court 2021thinks fit, to be paid to that party by any other party.
(2)Where the Court of Appeal or the General Division of the 2021High Court makes any order for costs to be paid by the prosecution to an accused, the Court of Appeal or the General Division of the High Court 2021must be satisfied that the conduct of the matter under Part XX2021202021 by the prosecution was frivolous or vexatious.
Subsection (3) — Original text to 31 October 2018superseded
(3)Where the Court of Appeal or the High Court makes any order for costs to be paid by an accused to the prosecution, the Court must be satisfied that the conduct of the matter under Part XX by the accused was done in an extravagant and unnecessary manner.
Subsection (3) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(3)Before the Court of Appeal or the General Division of the 2021High Court makes any order for costs to be paid by an accused to the prosecution, the Court of Appeal or the General Division of the High Court 2021must be satisfied that —
(a)the commencement, continuation or conduct of the matter under Part XX2021202021 by the accused was an abuse of the process of the Court; or
(b)the conduct of the matter under Part XX2021202021 by the accused was done in an extravagant and unnecessary manner.
(4)If the prosecution applies to the Court of Appeal or the General Division of the 2021High Court for an order for the costs of any matter under Division 1B of Part XX2021202021 to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court 2021must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court.