Page:Prosecution of Offences Act 1985.pdf/17

Part II

(ii) a verdict of not guilty by reason of insanity; or

(iii) a finding under section 4 of the 1964 c. 84.Criminal Procedure (Insanity) Act 1964 that the appellant is under disability;

(b) on an appeal under that Part against conviction—

(i) substitutes a verdict of guilty of another offence ;

(ii) in a case where a special verdict has been found, orders a different conclusion on the effect of that verdict to be recorded; or

(iii) is of the opinion that the case falls within paragraph (a) or (b) of section 6(1) of that Act (cases where the court substitutes a finding of insanity or unfitness to plead); or

(c) on an appeal under that Part against sentence, exercises its powers under section 11 (3) of that Act (powers where the court considers that the appellant should be sentenced differently for an offence for which he was dealt with by the court below);

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

(5) Where—

(a) any proceedings in a criminal cause or matter are determined before a Divisional Court of the Queen’s Bench Division;

(b) the House of Lords determines an appeal, or application for leave to appeal, from such a Divisional Court in a criminal cause or matter :

(c) the Court of Appeal determines an application for leave to appeal to the House of Lords under Part II of the 1968 c. 19.Criminal Appeal Act 1968; or

(d) the House of Lords determines an appeal, or application for leave to appeal, under Part II of that Act;

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

(6) A defendant’s costs order shall, subject to the following provisions of this section, be for the payment out of central funds, to the person in whose favour the order is made, of such amount as the court considers reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings.

(7) Where a court makes a defendant’s costs order but is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made