COSTS AWARDED BY CROWN COURT OUT OF CENTRAL FUNDS (Hansard, 7 April 1971)

§ Mr. Carlisle
I beg to move Amendment No. 36, in page 33, line 33 leave out "and giving evidence".
It might be convenient to discuss at the same time Government Amendments Nos. 38, 52, 53 and 67.
The purpose is to remove the doubts which exist as to whether a witness who attends at the request of the court but is not subsequently required to give evidence to the court shall qualify for the payment of witness's fees and expenses. This is achieved by the Amendment.

§ Mr. Carlisle
I beg to move Amendment No. 39, in page 33, line 40, leave out subsection (5) and insert: (5) References in subsections (3) and (4) above to a witness include any person who is a witness to character only and in respect of whom the court certifies that the interests of justice required his attendance but no sums shall be payable in pursuance of an order made under this Becton to or in respect of any witness who is a witness to character only and in respect of whom no such certificate is given. The hon. Member for Hackney, Central (Mr. Clinton Davis) has an Amendment down to deal with this matter as well. In Committee, various matters were raised about the payment of expenses to those witnesses who were giving character evidence only. I undertook to look at the matter again. We have done so and believe that the words in the Bill are unsatisfactory. The position now will be that the witness of character whose attendance the court certifies as necessary in the interests of justice may have his costs paid. Our Amendment meets the 581 purpose of an Amendment put down in Committee by the hon. Member for Hackney, Central, who has been good enough to intimate to me that in view of this he does not propose to pursue the one which stands in his name on the Order Paper.

§ Sir Elwyn Jones
I am grateful to the hon. Gentleman for this Amendment, which is the result of a probing by my hon. Friend the Member for Hackney, Central (Mr. Clinton Davis). It meets a point which had been mooted and covers the position of the character witness whose presence as a witness was necessary in the interests of justice and who should, accordingly, be covered in respect of costs.