[2025] EWCA Crim 1289

“17 Prosecution costs.

Subject to subsections (2) and (2A) below, the court may –

in any proceedings in respect of an indictable offence … order the payment out of central funds of such amount as the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred by him in the proceedings.

…

(2A) Where the court considers that there are circumstances that make it inappropriate for the prosecution to recover the full amount mentioned in subsection (1), an order under this section must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.

(2B) When making an order under this section, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and –

the prosecutor agrees the amount, or

subsection (2A) applies.

(2C) Where the court does not fix the amount to be paid out of central funds in the order –

it must describe in the order any reduction required under subsection (2A), and

the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

…

Where the conduct of proceedings to which subsection (1) above applies is taken over by the Crown Prosecution Service, that subsection shall have effect as if it referred to the prosecutor who had the conduct of the proceedings before the intervention of the Service and to expenses incurred by him up to the time of intervention.”

We note in passing that s16 of the POA 1985 relates to an award of costs from central funds to a defendant (“a defendant’s costs order”). Subsections (6A) and (6B) contain provisions which, mutatis mutandis, are in the same terms as subsections (2A) and (2B) of s17.

Section 18 gives the court a power to order that a convicted accused, or unsuccessful appellant, should pay to the prosecutor such costs as the court considers just and reasonable.

Section 20(1) gives the Lord Chancellor a general power to make regulations for carrying Part II into effect. Subsection (1A) provides that the Lord Chancellor may by regulations:

make provision as to the amounts that may be ordered to be paid out of central funds in pursuance of a costs order, whether by specifying rates or scales or by making other provision as to the calculation of the amounts,

make provision as to the circumstances in which and conditions under which such amounts may be paid or ordered to be paid,

make provision requiring amounts to be paid out of central funds by a costs order to be calculated having regard to regulations under paragraphs (a) and (b),

make provision requiring amounts required to be paid out of central funds by a relevant costs order to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the person), and

make provision as to the review of determinations of amounts required to be paid out of central funds by costs orders.”

Pursuant to those statutory powers, the Lord Chancellor has made the Costs in Criminal Cases (General) Regulations 1986 (“the Costs General Regulations”). Part III contains provisions relating to costs out of central funds. They include the following: