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Clause 15B Application for indemnity certificate by respondent if interlocutory appeal by prosecution

(1)If the prosecution appeals under section 295 of the Criminal Procedure Act 2008, the respondent to that appeal may apply to the Court of Appeal for, and the Court of Appeal may grant, an indemnity certificate in respect of—

(a)the respondent's own costs of the appeal; and

(b)if a new trial is ordered, any additional costs that the respondent will pay, or will be ordered to pay, as a consequence of the order for a new trial.

(2)A respondent granted an indemnity certificate under subsection (1) is entitled to be paid by the Board, on an application made to it by the accused in the approved form— that the Board considers to have been reasonably incurred.

(a)an amount equal to the respondent's own costs of the appeal; and

(b)any additional costs that the accused pays, or is ordered to pay, as a consequence of the order for a new trial—