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Clause 378 New sections 15A, 15B and 15C inserted

After section 15 of the Appeal Costs Act 1998 insert— "15A Application for indemnity certificate if interlocutory appeal by accused is successful

(1)In this section— interlocutory appeal means an appeal under Division 4 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2008.

(2)If an interlocutory appeal by an accused succeeds, the accused may apply to the Court of Appeal for, and the Court of Appeal may grant, an indemnity certificate in respect of—

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

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

(3)An accused granted an indemnity certificate under subsection (2) 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 accused'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—