Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 420P

Application for indemnity certificate if appeal by accused is successful

    (1)     If an appeal under section 420I by an accused is successful, the accused may apply to the Court of Appeal for, and the Court of Appeal may grant, an indemnity certificate in respect of—

        (a)     the accused's own costs of the appeal; and

        (b)     any additional costs that the accused will pay or will be ordered to pay, as a consequence of the orders made or set aside, or the directions given, by the Court of Appeal on the appeal.

    (2)     An accused granted an indemnity certificate under subsection (1) is entitled to be paid by the Appeal Costs Board on an application made to it by the accused in the approved form—

        (a)     an amount equal to the accused's own costs of the appeal; and

        (b)     any additional costs that the accused pays, or is ordered to pay, as a consequence of the orders made or set aside, or the directions given, by the Court of Appeal on the appeal—

that the Appeal Costs Board considers to have been reasonably incurred.

New s. 420Q inserted by No. 11/2022 s. 3.



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