Which execution costs fall on the person against whom the execution is carried out, and when must they be collected?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the ruling or order under the criminal procedure provision on whose execution the costs are claimed, the papers recording what was actually done to carry it out, and any receipt or demand showing when the amount was collected alongside the execution.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a matter of scope: it covers only the costs of executing the criminal decision identified by the cross-referenced provision, the person against whom that execution was carried out bears them, and they must be collected at the same time as the execution, following the Civil Execution Act with the necessary changes.
Another reading notes that the provision applies the Civil Execution Act by reference rather than setting out its own rules, so it does not spell out which items count as execution costs, how they are assessed, or what remedy exists if they were demanded without an execution having taken place, leaving those points to the Civil Execution Act itself.
Your judgment
If the file shows a demand for these costs but no record of the execution having been carried out, what in the papers could show the demand was tied to an execution?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change whose burden the execution costs are or the point at which they must be collected, or if a court decision decides which items count as execution costs under this provision.