(a) an amount equal to the accused's own costs of the hearing and determination of the question of law set out in the case stated; and (b) if a new trial is ordered, any additional costs that the accused pays, or is ordered to pay, as a consequence of the order for a new trial— that the Board considers to have been reasonably incurred. 16 Application for indemnity certificate if criminal proceeding discontinued (1) If— (a) the hearing of any criminal proceeding is discontinued; and (b) the reason for the discontinuance was not attributable in any way to the act, neglect or fault of an accused or that accused's legal practitioner; and (c) a new hearing or trial is ordered— that accused may apply to the court before which the proceeding is discontinued for, and the court may grant, an indemnity certificate in respect of that accused's own costs of the discontinued proceeding. (2) The court may only grant an indemnity certificate under subsection (1) if it is satisfied that the reason for the discontinuance was as set out in subsection (1)(b). (3) An accused granted an indemnity certificate under subsection (1) who pays, or is ordered to pay, any additional costs as a consequence of the order for a new hearing or trial is entitled to be paid by the Board, on an application made to it by the accused in the approved form, an amount equal to the accused's own costs of the discontinued proceeding that the Board considers to have been
(a) an amount equal to the accused's own costs of the hearing and determination of the question of law set out in the case stated; and (b) if a new trial is ordered, any additional costs that the accused pays, or is ordered to pay, as a consequence of the order for a new trial— that the Board considers to have been reasonably incurred. 16 Application for indemnity certificate if criminal proceeding discontinued (1) If— (a) the hearing of any criminal proceeding is discontinued; and (b) the reason for the discontinuance was not attributable in any way to the act, neglect or fault of an accused or that accused's legal practitioner; and (c) a new hearing or trial is ordered— that accused may apply to the court before which the proceeding is discontinued for, and the court may grant, an indemnity certificate in respect of that accused's own costs of the discontinued proceeding. (2) The court may only grant an indemnity certificate under subsection (1) if it is satisfied that the reason for the discontinuance was as set out in subsection (1)(b). (3) An accused granted an indemnity certificate under subsection (1) who pays, or is ordered to pay, any additional costs as a consequence of the order for a new hearing or trial is entitled to be paid by the Board, on an application made to it by the accused in the approved form, an amount equal to the accused's own costs of the discontinued proceeding that the Board considers to have been
98-87a024.docx