§ 356 — Costs ordered by Court of Appeal or General Division of High Court

356.—(1) The Court of Appeal or the General Division of the High Court, in the exercise of its powers under Part 20, may —(a)

on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court thinks fit; or

(b)

on the application of any party, make an order for costs, of such amount as the Court of Appeal or the General Division of the High Court thinks fit, to be paid to that party by any other party.[19/2018; 40/2019]

(2) Where the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by the prosecution to an accused, the Court of Appeal or the General Division of the High Court must be satisfied that the conduct of the matter under Part 20 by the prosecution was frivolous or vexatious.[40/2019]

(3) Before the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by an accused to the prosecution, the Court of Appeal or the General Division of the High Court must be satisfied that —(a)

the commencement, continuation or conduct of the matter under Part 20 by the accused was an abuse of the process of the Court; or

(b)

the conduct of the matter under Part 20 by the accused was done in an extravagant and unnecessary manner.[19/2018; 40/2019]

(4) If the prosecution applies to the Court of Appeal or the General Division of the High Court for an order for the costs of any matter under Division 1B of Part 20 to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court.[19/2018; 40/2019]

—(1) The Court of Appeal or the General Division of the High Court, in the exercise of its powers under Part 20, may —(a)

on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court thinks fit; or

(b)

on the application of any party, make an order for costs, of such amount as the Court of Appeal or the General Division of the High Court thinks fit, to be paid to that party by any other party.[19/2018; 40/2019]

(2) Where the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by the prosecution to an accused, the Court of Appeal or the General Division of the High Court must be satisfied that the conduct of the matter under Part 20 by the prosecution was frivolous or vexatious.[40/2019]

(3) Before the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by an accused to the prosecution, the Court of Appeal or the General Division of the High Court must be satisfied that —(a)

the commencement, continuation or conduct of the matter under Part 20 by the accused was an abuse of the process of the Court; or

(b)

the conduct of the matter under Part 20 by the accused was done in an extravagant and unnecessary manner.[19/2018; 40/2019]

(4) If the prosecution applies to the Court of Appeal or the General Division of the High Court for an order for the costs of any matter under Division 1B of Part 20 to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court.[19/2018; 40/2019]