Costs in Criminal Cases Act 1908
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Long titleAn Act to consolidate and amend the Law relating to the Payment of Costs in Criminal Cases.
Territorial extentEngland and Wales[b]
Royal assent1 August 1908
| Act of Parliament | |
.svg) | |
| Long title | An Act to consolidate and amend the Law relating to the Payment of Costs in Criminal Cases. |
|---|---|
| Citation | 8 Edw. 7. c. 15 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 1 August 1908 |
| Commencement | 1 January 1909[c] |
| Repealed | 1 January 1953 |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by | |
| Repealed by | Costs in Criminal Cases Act 1952 |
Status: Repealed | |
| Text of statute as originally enacted | |
The Costs in Criminal Cases Act 1908 (8 Edw. 7. c. 15) was an act of the Parliament of the United Kingdom that consolidated and amended the law relating to the payment of costs in criminal cases in England and Wales.[1]
Repealed enactments
Section 10 of the act repealed 35 enactments, listed in the schedule to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 38 Geo. 3 c. 52 | Counties of Cities Act 1798 | The words “the expenses of the prosecution and of the witnesses and of” in section eight. |
| 5 Geo. 4 c. 83 | Vagrancy Act 1824 | Section nine, from “and the justices of the peace” to “allowed the same in his account.” |
| 7 Geo. 4 c. 64 | Criminal Law Act 1826 | Sections twenty-two, twenty-three, twenty-four, and twenty-five. |
| 4 & 5 Will. 4 c. 36 | Central Criminal Court Act 1834 | Section twelve. |
| 5 & 6 Will. 4 c. 50 | Highway Act 1835 | Section ninety-five, from “and the costs” to “shall be situate” and section ninety-eight. |
| 1 & 2 Vict. c. 82 | Parkhurst Prison Act 1838 | Section fourteen, from “and the expenses” to the end of the section. |
| 6 & 7 Vict. c. 96 | Libel Act 1843 | Section eight. |
| 11 & 12 Vict. c. 12 | Treason Felony Act 1848 | Section ten. |
| 13 & 14 Vict. c. 101 | Poor Law Amendment Act 1850 | Section nine, from “and shall” to the end of the section. |
| 14 & 15 Vict. c. 19 | Prevention of Offences Act 1851 | Section fourteen. |
| 14 & 15 Vict. c. 55 | Criminal Justice Administration Act 1851 | Section two. Section five, from “to prosecutors” to “prosecutions and,” and from “and also” to “certificates relate.” Section six, from “payment to any prosecutor” to “loss of time, or order,” and from “and where” to the end of the section. |
| 17 & 18 Vict. c. 102 | Corrupt Practices Prevention Act 1854 | Section ten, from the beginning of the section down to “provided always that,” and sections twelve and thirteen. |
| 24 & 25 Vict. c. 96 | Larceny Act 1861 | Section one hundred and twenty-one. |
| 24 & 25 Vict. c. 97 | Malicious Damage Act 1861 | Section seventy-seven. |
| 24 & 25 Vict. c. 98 | Forgery Act 1861 | Section fifty-four. |
| 24 & 25 Vict. c. 99 | Coinage Offences Act 1861 | Section forty-two. |
| 24 & 25 Vict. c. 100 | Offences against the Person Act 1861 | Sections seventy-four, seventy-five, and seventy-seven. |
| 25 & 26 Vict. c. 61 | Highway Act 1862 | Section nineteen, from “and the costs” to the end of the section. |
| 30 & 31 Vict. c. 35 | Criminal Law Amendment Act 1867 | Sections two and five. |
| 32 & 33 Vict. c. 62 | Debtors Act 1869 | Section seventeen. |
| 32 & 33 Vict. c. 89 | Clerks of Assize, &c. Act 1869 | Sections nine, ten, and eleven. |
| 33 & 34 Vict. c. 23 | Forfeiture Act 1870 | Section three. |
| 35 & 36 Vict. c. 33 | Ballot Act 1872 | Section twenty-four from “and the costs” to “in cases of felony.” |
| 42 & 43 Vict. c. 49 | Summary Jurisdiction Act 1879 | In subsection (1) of section seventeen, the words “and the expenses of the prosecution shall be payable as in cases of felony.” Section twenty-eight except so far as that section is applied by section one of the Inebriates Act 1899, or any other Act. |
| 45 & 46 Vict. c. 50 | Municipal Corporations Act 1882 | The word “prosecution” in section one hundred and fifty-one, and section one hundred and sixty-nine. |
| 46 & 47 Vict. c. 51 | Corrupt and Illegal Practices Prevention Act 1883 | The words “twelve and thirteen” in section fifty-three, and subsection (2) of section fifty-seven. |
| 48 & 49 Vict. c. 69 | Criminal Law Amendment Act 1885 | Section eighteen. |
| 50 & 51 Vict. c. 28 | Merchandise Marks Act 1887 | Section fourteen. |
| 51 & 52 Vict. c. 41 | Local Government Act 1888 | The words “and all costs of prosecutions mentioned in section one hundred and sixty-nine of the Municipal Corporations Act, 1882, shall be paid out of the county fund” in subsection (5) of section thirty-five.
Section sixty-seven, from “and the county council” to the end of the section. The words “but nothing shall require a quarter sessions borough to contribute towards the costs of prosecutions at assizes except in the case of persons committed for trial from the borough” in section one hundred. |
| 52 & 53 Vict. c. 52 | Official Secrets Act 1889 | Section four. |
| 52 & 53 Vict. c. 69 | Public Bodies Corrupt Practices Act 1889 | Section five. |
| 57 & 58 Vict. c. 60 | Merchant Shipping Act 1894 | Section seven hundred and one. |
| 3 Edw. 7 c. 38 | Poor Prisoners Defence Act 1903 | Subsection (2) of section one. |
| 4 Edw. 7 c. 15 | Prevention of Cruelty to Children Act 1904 | Section twenty. |
| 6 Edw. 7 c. 34 | Prevention of Corruption Act 1906 | Subsection (4) of section two. |
Subsequent developments
The whole act was repealed by section 18(1) of, and the schedule to, the Costs in Criminal Cases Act 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. c. 48), which came into force on 1 January 1953.[3]
