This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—
In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—
In a case falling within subsection (1)(b), the appropriate judge may make an order under subsection (5) in favour of the person.
In a case falling within subsection (1)(ba), (c), (d) or (e), the court by which the application or appeal is dismissed may make an order under subsection (5) in favour of the person.
An order under this subsection in favour of a person is an order for a payment of the appropriate amount to be made to the person out of money provided by Parliament.
In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 62A and 62B.
In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).
The appropriate amount is such amount as the judge or court making the order under subsection (5) considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by him in the proceedings under this Part.
But if the judge or court making an order under subsection (5) is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6), the judge or court must—
Unless subsection (7) applies, the appropriate amount—
In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—