Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 420Q

Application for indemnity certificate by respondent if appeal by prosecution

    (1)     If the prosecution appeals under section 420I, 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)     any additional costs that the respondent will pay, or will be ordered to pay, as a consequence of the orders made or set aside, or the directions given, by the Court of Appeal on the appeal.

    (2)     A respondent granted an indemnity certificate under subsection (1) is entitled to be paid by the Appeal Costs Board on an application made to it by the respondent in the approved form—

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

        (b)     any additional costs that the respondent pays, or is ordered to pay, as a consequence of the orders made or set aside, or the directions given, by the Court of Appeal on the appeal—

that the Appeal Costs Board considers to have been reasonably incurred.

New s. 420R inserted by No. 11/2022 s. 3.



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