Remedy
Start free

Section 19B: Provision for award of costs against third parties

Prosecution of Offences Act 1985 · 1985 c. 23View on legislation.gov.uk

Part II: Defence, prosecution and third party Costs in Criminal Cases

The Lord Chancellor may by regulations make provision empowering magistrates' courts, the Crown Court and the Court of Appeal to make a third party costs order if the condition in subsection (3) is satisfied.

A "third party costs order" is an order as to the payment of costs incurred by a party to criminal proceedings by a person who is not a party to those proceedings ("the third party").

The condition is that—

there has been serious misconduct (whether or not constituting a contempt of court) by the third party, and
the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him.

Regulations made under this section may, in particular—

specify types of misconduct in respect of which a third party costs order may not be made;
allow the making of a third party costs order at any time;
make provision for any other order as to costs which has been made in respect of the proceedings to be varied on, or taken account of in, the making of a third party costs order;
make provision for account to be taken of any third party costs order in the making of any other order as to costs in respect of the proceedings.

Regulations made under this section in relation to magistrates' courts must provide that the third party may appeal to the Crown Court against a third party costs order made by a magistrates' court.

Regulations made under this section in relation to the Crown Court must provide that the third party may appeal to the Court of Appeal against a third party costs order made by the Crown Court.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.