Appeal Costs Fund Act 1973
sec.20EEffect of indemnity certificate under s 20D
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sec.20E Effect of indemnity certificate under s 20D
If a convicted person is granted an indemnity certificate under section 20D in respect of that part of an appeal relating to a guideline proceeding, the certificate entitles the convicted person to be paid from the fund— an amount equal to the additional costs incurred by the convicted person on the appeal for which the certificate was granted, as assessed or agreed on by— the board; and the respondent or the respondent’s solicitor; and the appellant or the appellant’s solicitor; and if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the convicted person, or on the convicted person’s behalf, in having those costs assessed. Despite subsection (1) , the amount payable from the fund to any 1 person under any 1 indemnity certificate must not be more than the amount prescribed under a regulation. In this section— additional costs , incurred by a convicted person on an appeal, means the costs beyond what the convicted person would otherwise have incurred had the appeal not included a guideline proceeding. s 20E ins 2011 No. 7 s 16 (sec.20E-ssec.1) If a convicted person is granted an indemnity certificate under section 20D in respect of that part of an appeal relating to a guideline proceeding, the certificate entitles the convicted person to be paid from the fund— an amount equal to the additional costs incurred by the convicted person on the appeal for which the certificate was granted, as assessed or agreed on by— the board; and the respondent or the respondent’s solicitor; and the appellant or the appellant’s solicitor; and if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the convicted person, or on the convicted person’s behalf, in having those costs assessed. (sec.20E-ssec.2) Despite subsection (1) , the amount payable from the fund to any 1 person under any 1 indemnity certificate must not be more than the amount prescribed under a regulation. (sec.20E-ssec.3) In this section— additional costs , incurred by a convicted person on an appeal, means the costs beyond what the convicted person would otherwise have incurred had the appeal not included a guideline proceeding.
- (a) an amount equal to the additional costs incurred by the convicted person on the appeal for which the certificate was granted, as assessed or agreed on by— (i) the board; and (ii) the respondent or the respondent’s solicitor; and (iii) the appellant or the appellant’s solicitor; and
- (i) the board; and
- (ii) the respondent or the respondent’s solicitor; and
- (iii) the appellant or the appellant’s solicitor; and
- (b) if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the convicted person, or on the convicted person’s behalf, in having those costs assessed.