Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

Criminal Justice Legislation (Miscellaneous Amendments) Act
2002
Act No. 35/2002
s. 26
26. Appeal Costs Act 1998
(1) In section 17(1) of the Appeal Costs Act 1998—
(a) in paragraph (b), for "practitioner; and"
substitute "practitioner—";
(b) paragraph (c) is repealed.
(2) In section 17 of the Appeal Costs Act 1998, for
sub-section (2) substitute—
"(2) The court may only grant an indemnity
certificate under sub-section (1) if it is
satisfied that the reason for the adjournment
was as set out in sub-section (1)(b).".
(3) In section 17(3) of the Appeal Costs Act 1998,
after "own costs of the adjournment" insert "that
have been incurred,".
(4) In section 17(4) of the Appeal Costs Act 1998,
for "the accused" substitute "the party accused or
convicted of an offence (whether that party is a
defendant, appellant or respondent in the
proceeding) to which the proceeding relates".
27. New section 43A inserted
After section 43 of the Appeal Costs Act 1998
insert—
"43A. Transitional—2002 amendments
The amendments of section 17 of this Act
made by section 26 of the Criminal Justice
Legislation (Miscellaneous Amendments)
Act 2002 apply to an application under
section 17 made on or after the
commencement of section 26 of that Act,
irrespective of when the criminal proceeding
commenced.".
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