Caselaw Digest
Caselaw Digest

Kieran Gray v R

[2023] EWCA Crim 1285
Someone tried to appeal their sentence but failed. Their lawyer then asked for the government to pay their legal fees, but the court said no because there was no good reason to do so, even though the lawyer did a good job.

Key Facts

  • Kieran Gray applied for leave to appeal against sentence.
  • Leave to appeal was refused.
  • Ms. Hannah Webb represented the applicant.
  • Ms. Webb applied for costs to be paid out of central funds.
  • Ms. Webb was not formally appointed by the Crown Court but acted on the applicant's behalf.

Legal Principles

The Court has jurisdiction to award costs out of central funds even if leave to appeal is refused.

R v Roberts [2019] EWCA Crim 1270

Principles governing “standard” applications for leave to appeal apply to applications under section 16A of the Criminal Appeals Act 1968.

Section 16A of the Criminal Appeals Act 1968

In cases where leave is required (section 11(1)), costs are not usually awarded out of central funds; some particular reason is needed.

Court practice in relation to section 11(1)

Outcomes

Application for costs out of central funds refused.

No particular reason existed to justify awarding costs, despite Ms. Webb's representation; the application for leave to appeal was correctly refused.

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