The Court of Criminal Appeal has power to grant a Suitors' Fund certificate to an unsuccessful respondent in a s 5F interlocutory appeal, but the discretion will not be exercised where the respondent's lawyers appeared pro bono and no costs were actually incurred. The 'exceptional case' limitation from R v King was questioned but not overruled. An unsupported claim of a fee agreement that contradicts counsel's advice to the Court of pro bono appearance will not be accepted.
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