Guide to Allowances under Part V of the Costs in Criminal Cases (General) Regulations 1986
Issued by Public Legal Services Division, Department for Constitutional Affairs June 2005
- Section 1 - Current allowances payable under Part V of the Costs in Criminal Cases (General) Regulations 1986
- Section 2 - Guidance for Taxing/Determining Officers when assessing Expert Witness and other allowances
- Further information
Section 1 - Current allowances payable under Part V of the Costs in Criminal Cases (General) Regulations 1986
The information contained within this section relates to the current allowances payable under Part V of the Costs in Criminal Cases (General) Regulations 1986.
The maximum amounts and allowances shown are those in force at the time of publication. The date of their introduction is given. The figures will be updated from time to time as new rates are published.
See also Guide to Allowances (March 2007)
- Regulation 18:
Ordinary witness and other persons financial loss allowance
| Period of absence | Maximum amount with effect from 1.6.2005 |
| Not exceeding 4 hours | £33.50 |
| Exceeding 4 hours | £67.00 |
- Regulation 18:
Ordinary witness and other persons subsistence allowance
| Period of absence | Maximum amount with effect from 1.8.2001 |
| Not exceeding 5 hours | £2.25 |
| Exceeding 5 hours but not exceeding 10 hours | £4.50 |
| Over 10 hours | £9.75 |
| Hotel - London, Birmingham, Manchester, Leeds, Liverpool or Newcastle Upon Tyne city centres | £95.00 * Plus £21.00 Night Subsistence Allowance and £5.00 Personal Incidental Allowance with effect from 1.6.2005 |
| Overnight (elsewhere) | £65.00 * Plus £21.00 Night Subsistence Allowance and £5.00 Personal Incidental Allowance with effect from 1.6.2005 £25.00 only if with family or friends with effect from 1.6.2005 |
- Regulation 19:
Professional witness allowances
(a) Professional witness allowance where locum fees are not claimed
| Period of absence | Maximum amount with effect from 1.8.2001 |
| Not exceeding 2 hours | £83.50 |
| Exceeding 2 hours but not exceeding 4 hours | £117.00 |
| Exceeding 4 hours but not exceeding 6 hours | £174.00 |
| Exceeding 6 hours | £234.00 |
(b) Professional witness allowance where locum fees are claimed
| Period of absence | Maximum amount with effect from 6.5.2003 |
| Not exceeding 2 hours | £89.00 |
| Exceeding 2 hours but not exceeding 4 hours | £125.00 |
| Exceeding 4 hours | £250.00 |
- Regulation 20:
Expert witness and interpreters etc allowances
Discretionary (see section 2) - Regulation 21:
Expert and professional witness and interpreters etc overnight allowances
| Period of absence | Maximum amount with effect from 1.8.2001 |
| Overnight Hotel - London, Birmingham, Manchester, Leeds, Liverpool or Newcastle Upon Tyne city centres | £85.25 * Plus £21.00 Night Subsistence Allowance and £5.00 Personal Incidental Allowance with effect from 1.6.2005 |
| Overnight (elsewhere) | £55.25 * Plus £21.00 Night Subsistence Allowance and £5.00 Personal Incidental Allowance if at a Hotel with effect from 1.6.2005 £25.00 only if with family or friends with effect from 1.6.2005 |
- Regulation 22:
Seaman witness allowance
| Period of absence | Maximum amount with effect from 23.5.1988 |
| Loss allowance | £29.70 |
| Maintenance allowance | At the discretion of the court, but not exceeding the sum actually and reasonably incurred |
- Regulation 24:
Travelling allowances
| (a) Public Transport Rate – See Guide to Allowances for more details | Rate per mile with effect from 1.8.2001 |
| Motor-cycles | 25p |
| Motor cars | 25p |
| (b) Standard Rate – See Guide to Allowances for more details | Rate per mile with effect from 1.8.2001 |
| Motor-cycles | 45p |
| Motor cars | 45p |
| (c) Passenger Supplement | |
| First passenger | 2p |
| Each additional passenger | 1p |
| (d) Parking Fees - fees actually and reasonably incurred | |
| (e) Pedal-cycle | 20p with effect from 1.6.2005 |
- Regulation 25:
Written medical reports
| Maximum amount with effect from 6.5.2003 | |
| a) Report in pursuance of a request to which section 32(2) of the Criminal Justice Act 1967 applies | |
| Consultant | £74.80 |
| Other registered medical practitioner | £52.80 |
| (b) Higher fees (where more than 2 hours work necessarily undertaken) | Daily maximum |
| Consultant | £298.25 |
| Other registered medical practitioner | £211.00 |
| c) Examination and report to determine fitness for detention centre training | |
| All registered medical practitioners | £35.20 |
- Regulation 25 (2):
Registered medical practitioners motor mileage allowance
| Maximum amount with effect from 1.8.2001 | |
| Motor-cycles | 45p |
| Motor cars | 45p |
Section 2 - Guidance for Taxing/Determining Officers when assessing expert witness and other allowances
As there are no prescribed scales for the allowance for the remuneration of expert witnesses and certain other persons the guidance in this section is issued to assist Taxing/Determining Officers by providing a point of reference on quantum for use when exercising their discretion in determining such claims. It will also be of use to those making claims in determining their entitlements.
Terms and conditions for face to face interpreting services are shown on the Home Office website.
The figures shown are based upon allowances made throughout England and Wales. It is intended that the information will be revised annually.
The rate bands shown cover a wide field of skill and, in some cases, a number of different kinds of skills. They provide neither a minimum nor maximum limit, merely a guide to the levels of allowances in normal circumstances. It may be appropriate, having regard to the particular circumstances of the case, to depart from the guidance scales contained herein. Such occasions will, however, arise exceptionally.
In exercising their discretion, Taxing/Determining Officers are to bear in mind that each cases must be considered individually. They are to take into account all the relevant circumstances surrounding the claim including such things as the work done, the status or experience of the person doing the work, and the availability of such persons in the area of the country concerned.
In cases of difficulty, Taxing/Determining Officers should seek advice from their Regional Taxing Manager, through their Court Manager.
| Expert witness | Allowance from 6 May 2003 |
| 1. Consultant medical practitioner, psychiatrist, pathologist | |
| Preparation (examination/report) | £70-£100per hour |
| Attendance at court (full day) | £346-£500 |
| 2. Fire (assessor) and/or explosives expert | |
| Preparation | £50-£75 per hour |
| Attendance at court (full day) | £255-£365 |
| 3. Forensic scientist (including questioned document examiner), surveyor, accountant, engineer, medical practitioner, architect, veterinary surgeon, meteorologist | |
| Preparation | £47-£100 per hour |
| Attendance at court (full day) | £226-£490 |
| 4. Fingerprint | |
| Preparation | £32-£52 per hour |
| Attendance at court (full day) | £153-£256 |
| From February 2007 | |
| 5. Interpreter | See Terms and conditions on Home Office website |
Further information For further information, please contact either your local court, or the Ministry of Justice on 020 7210 8772.
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