Sch. 1
- “(aa) in England and Wales, if they are discontinued by virtue of section 23 of the Prosecution of Offences Act 1985;”.
5. After paragraph 9 of Schedule 1 to that Act there shall be inserted the following paragraph—
- “9A. Where proceedings in England and Wales have been discontinued by virtue of section 23 of the Prosecution of Offences Act 1985, but notice is given by the accused under subsection (7) of that section to the effect that he wants the proceedings to continue, they become active again with the giving of that notice.”
Part II
Amendments Relating to Part II
The Criminal Justice Act 1967 (c. 80)
6. In section 32 of the Criminal Justice Act 1967 (which provides that the costs of a medical practitioner reporting to a court are to be recoverable as witness costs), in subsection (2)—
- (a) the words from “and”, where it first appears, to “funds”. and the words from “and”, where it next appears, to the end of the subsection, shall be omitted; and
- (b) for the words “they apply" there shall be substituted “it applies”.
The Administration of Justice Act 1970 (c. 31)
7.—(1) Schedule 9 to the Administration of Justice Act 1970 shall be amended as follows.
(2) After paragraph 1 there shall be inserted—
- “1A. Where a magistrates' court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.”
(3) In paragraph 4, for the words “orders him to pay the whole or part of the costs incurred in or about the prosecution and conviction” there shall be substituted “makes an order as to costs to be paid by him”.
(4) After paragraph 4 there shall be inserted—
- “4A. Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.”
(5) For paragraphs 6 and 7 there shall be substituted the following—
- “6. Where the criminal division of the Court of Appeal makes an order as to costs to be paid by—
- (a) an appellant;
- (b) an applicant for leave to appeal to that court; or
