Section 379CA — Crimes Act 1961: Appeal against order in respect of costs

379CA Appeal against order in respect of costs (1) Where before, during, or after any trial the Court makes an order for the payment of costs or declines to make an order under the Costs in Criminal Cases Act 1967 , any person affected by that decision may appeal against it to the Court of Appeal or, with the leave of the Supreme Court, to the Supreme Court. (2) The Court of Appeal or the Supreme Court may— (a) Confirm the decision; or (b) Vary the decision; or (c) Set aside the decision; or (d) Make any other order it considers appropriate. (3) Subject to subsection (4) , where a person seeks leave to appeal to the Court of Appeal under this section, that person's application must be filed as directed by the rules of Court within 10 days after the decision has been made, irrespective of whether the formalities associated with that decision have been completed or whether reasons for it have been given. (4) The Court of Appeal may extend the period specified in subsection (3) within which notice of application for leave to appeal to it may be filed. Section 379CA was inserted, as from 3 June 1998, by section 5 Crimes Amendment Act 1998 (1998 No 35). Subsection (1) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or, with the leave of the Supreme Court, to the Supreme Court ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (2) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ the Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (4) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ to it ” after the word “ appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions.