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Convictions (Appeal Costs)

Volume 827: debated on Thursday 2 December 1971

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44.

asked the Secretary of State for the Home Department whether he will take steps to ensure that, on appeals against convictions, the successful appellant be entitled by law to be awarded costs unless, in the opinion of the court, he has been the author of his own misfortune.

From 1st January, 1972, all appellate courts will be empowered to order costs to be paid from central funds to successful appellants. Both the present Lord Chief Justice and his predecessor have made it clear to courts that their discretion in such cases is unfettered. My right hon. Friend does not think that further legislation is required.