Criminal Procedure Code · s 438

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438.
Costs
(I) This section applies to any appeal -
(a) under section 4 14 against conviction;
(b) under section 412 against a verdict of not guilty by reason of insanity;
(c)
under section 426 against a finding that the appellant is under disability.
(2) Where an appeal to which this section applies is allowed, the
Court of Appeal may, subject to subsection (3), order the payment out of the public revenue of the costs of the appellant.
(3) No order shall be made under this section where -
(a) in the case of an appeal referred to in subsection (l)(a), the appellant is ordered under section 420 to be retried;
(b) in the case of an appeal referred to in subsection (l)(b), the provisions of section 425(4)(a) apply; or
(c)
in the case of an appeal referred to in subsection (l)(c)
the provisions of section 428(4) apply.
(4) The costs payable under this section shall be such sums as appear to the Court of Appeal reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the trial Court or before a Magistrate.
(5) The amount of costs ordered to be paid under this section shall, except where the amount is fixed by the Court of Appeal, be ascertained by the Registrar.

Criminal Procedure Code
CAP. 7 221
Chapter XLNA
Appeals by Public Prosecutor

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s 438Costs

(I)

This section applies to any appeal -

(a)

under section 4 14 against conviction;

(b)

under section 412 against a verdict of not guilty by reason of insanity;

(c)

under section 426 against a finding that the appellant is under disability.

(2)

Where an appeal to which this section applies is allowed, the

Court of Appeal may, subject to subsection (3), order the payment out of the public revenue of the costs of the appellant.

(3)

No order shall be made under this section where -

(a)

in the case of an appeal referred to in subsection (l)(a), the appellant is ordered under section 420 to be retried;

(b)

in the case of an appeal referred to in subsection (l)(b), the provisions of section 425(4)(a) apply; or

(c)

in the case of an appeal referred to in subsection (l)(c)

the provisions of section 428(4) apply.

(4)

The costs payable under this section shall be such sums as appear to the Court of Appeal reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the trial Court or before a Magistrate.

(5)

The amount of costs ordered to be paid under this section shall, except where the amount is fixed by the Court of Appeal, be ascertained by the Registrar.

Chapter XLNA

Appeals by Public Prosecutor