Money Matters No. 3
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Your guide to witnesses
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December 2015
Money Matters No. 3
Your guide to witnesses
We are replacing the old Finance Manual with a new series called
‘Money Matters’
which will make the subjects easier to find and read.
We are doing this on a phased basis: as Money Matters booklets
are produced they will be published and the relevant sections will
be removed from the versions of the Finance Manual that are
published on our Inter and Intra net sites.
Feedback on the style and content of the Money Matters series is
greatly appreciated and will enable us to ensure that the guidance
meets YOUR needs.
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Your guide to witnesses
Contents
1
Foreword ............................................................................... 5
1.1
Moving around in this booklet ................................................ 5
2
Terms explained .................................................................... 7
3
Mandatory elements in this guide ......................................... 8
4
Introduction ........................................................................... 9
5
Types of witness ................................................................. 10
5.1
6
7
8
9
Definitions and scope .......................................................... 10
Eligibility for payments ........................................................ 13
6.1
6.2
6.3
Interpreters, translators or transcribers ................................ 13
Other people attending court ............................................... 13
Special cases ...................................................................... 13
6.3.1
6.3.2
6.3.3
Ordinary witnesses detained for more than a week ............................. 13
Deferred sentences.............................................................................. 13
Attendance by witnesses and others at locations other than court ...... 14
Ordinary witnesses .............................................................. 15
7.1
Travel and subsistence ....................................................... 15
7.1.1
7.1.2
Travel arrangements ............................................................................ 15
Subsistence ......................................................................................... 17
7.2
Loss of earnings .................................................................. 17
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
Basic rates ........................................................................................... 17
Higher rates ......................................................................................... 18
Public Sector employees ..................................................................... 18
Shift workers ........................................................................................ 19
Self employed witnesses ..................................................................... 19
Seamen and offshore workers ............................................................. 19
Other costs........................................................................................... 20
Semi-professional witnesses, interpreters, translators ........ 21
8.1
Fees – Entitlement to payment ............................................ 21
8.1.1
8.1.2
Cancellation policy for interpreting assignments .................................. 21
Sign language interpreters ................................................................... 21
8.2
Travel and subsistence ....................................................... 22
8.2.1
8.2.2
8.2.3
Travel costs.......................................................................................... 22
Travelling time...................................................................................... 23
Subsistence ......................................................................................... 23
Professional witnesses ........................................................ 25
9.1
9.2
Fees – entitlement to payment ............................................ 25
Psychologists or psychiatrists .............................................. 26
9.2.1
9.2.2
Travel allowances ................................................................................ 26
Subsistence ......................................................................................... 26
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10
11
12
Your guide to witnesses
Expert witnesses ................................................................. 27
10.1
Fees – entitlement to payment ............................................ 27
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
Higher rate ........................................................................................... 27
Cases of urgency ................................................................................. 27
Doctors ................................................................................................ 27
Travel allowances ................................................................................ 27
Subsistence ......................................................................................... 27
Invoices ................................................................................................ 28
Medical reports – fees for pychologists, psychiatrists and
pathologists ......................................................................... 29
11.1
Fees – entitlement to payment ............................................ 29
11.1.1
11.1.2
11.1.3
11.1.4
11.1.5
11.1.6
11.1.7
11.1.8
11.1.9
11.1.10
Psychiatric or psychological examination............................................. 29
Psychiatric or psychological - additional fee ........................................ 29
Work carried out at weekends and bank holidays ................................ 29
Second or subsequent examination ..................................................... 29
Analysis of blood or urine ..................................................................... 29
Examinations to determine mental condition ....................................... 30
Post-mortem examinations .................................................................. 30
Post-mortems – additional fees............................................................ 31
Anaesthetic deaths .............................................................................. 31
Motor mileage allowance ..................................................................... 31
Payment processes ............................................................. 32
12.1
12.2
Paying witnesses travel costs over the counter ................... 33
Paying claims for loss of earnings ....................................... 33
12.2.1
12.2.2
Validation of witness claim forms ......................................................... 34
Sending the claim form to Finance Division ......................................... 34
12.3
Advance payments to witnesses ......................................... 36
12.3.1
12.3.2
Recording an advance payment .......................................................... 36
Loss of earnings................................................................................... 36
12.4
12.5
Payment process for claims ................................................ 36
Medical fees – psychology, psychiatry and pathology only .. 37
12.5.1
Payment process ................................................................................. 37
Ordinary witness allowances............................................................ 38
Childminding and carers’ expenses ................................................. 38
Semi-professional witnesses............................................................ 39
Interpreters ...................................................................................... 39
Professional witnesses and locum cover.......................................... 40
Expert witnesses .............................................................................. 41
Medical fees – psychology, psychiatry and pathology ...................... 42
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Your guide to witnesses
1 Foreword
This Guidance Booklet is one of a series covering finance matters in the Crown
Office and Procurator Fiscal Service which replace the old Finance Manual. We,
in Finance Division, have written this one, entitled Your guide to witnesses to
help you successfully work with, and account for, the finances involved when
you are dealing with witnesses or victims who are witnesses (The Victims’ Rights
(Scotland) Regulations 2015 Section 3G (1) (2))
In this booklet we will look at:

your responsibilities; and

the procedures and the processes you need to follow.
We have designed the booklet to be:

a reference work – we do not expect you to read it all!

a supporting and instructional guide; and

the basis for follow-up support visits and audits.
We hope you find it useful.
You may find:

Mandatory elements. These are auditable actions necessary to
meet legal requirements or to deliver or report on corporate policy.
Timebound mandatory elements. As above, but to a deadline.
Recommendations. These are auditable actions that you should
practice for efficiency and effectiveness. Any variation must be
defined and authorised by a Business Manager.
Cautions against certain actions, or things to avoid.
We show Examples, Best Practice and Important Reader Information
in light blue boxes like this.
If you have any comments on this booklet, its procedures, or any new ways of
presenting this subject, please contact Mark Howells in Finance Division.
If things change, we will post updates on our intranet site in the Money Matters
folder and we will tell you in a linked e-mail. If you are using a “hard copy”
please ensure that it is still current.
1.1 Moving around in this booklet
We have designed this document for you to read on screen on our Intranet PF
eye. In addition, you will find hyperlinks and cross-references throughout this
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Your guide to witnesses
guide. If you hover your cursor over a section reference it will turn to a
you Click or [CTRL] + Click you will go to that section, or reference.
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Your guide to witnesses
2 Terms explained
Term or
abbreviation
Explanation
BM
Business Manager.
Cite
Summon to appear in a court of law.
Federation
COPFS is split into 4 Federations East, West, North and
National.
HMRC
Her Majesty’s Revenue and Customs.
PF
Procurator Fiscal.
Precognition –
(precognose)
In Scottish Law precognition is the preliminary
examination of a witness, especially to decide if there
are grounds for a trial also referred to as ‘precognose’.
Subsistence
A term used for expenses paid for basic living costs
while a person is working away from their normal work
or their home.
Witness
Witness is defined as witnesses as well as victims who
are witnesses.
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Your guide to witnesses
3 Mandatory elements in this guide
There are mandatory elements in this guide which we summarise here.
No.
 Requirement
Reference
Introduction
1.
For all expert witnesses, you must agree in advance rates and
time limits and, where relevant, travel, subsistence and
accommodation costs.
Section 4
2.
Where costs will be significant, whether ordinary, professional
or expert witnesses, you must tell the Budget Holder
(Relevant Fiscal) and Budget Manager (Relevant Business
Manager) before you commit to the expense.
Section 4.
Loss of earnings
3.
If a witness wishes to claim more than £25 for up to 4 hours
or £50 for a full day, their employer must complete the
relevant sections of the claim form (on the back of the
citation) including providing an official address and contact
details and confirmation of the name and job title of the
person signing off the claim. The claim form should clearly
identify the NET loss of earnings (gross earnings less Tax
and National Insurance) and the number of hours lost. The
employee must provide a wage slip to support the claim.
Section 7.2.2
Travel costs – interpreters
4.
Only pay travel costs for the mileage over 70 miles travelled
between the place of business of the Agency in Scotland, the
home of the interpreter, or Crown Office in Edinburgh,
whichever is closest to the assignment. They must take the
shortest practicable route.
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Your guide to witnesses
4 Introduction
In this booklet we look at witnesses, the type of
witnesses that come to court, their role, what they
are entitled to claim and the payment processes
you need to follow if you are dealing with them.
Remember, COPFS spends nearly £3 million on
witness costs each year.
“COPFS
spends nearly
£3 million on
witness costs
each year.”
This is a significant part of the overall COPFS budget – which is finite!
In these difficult financial times, when budgets are under considerable pressure,
it is essential that we manage these costs. Our aim is to minimise these costs
without compromising the quality of a prosecution.

For all expert witnesses, you must agree in advance: rates and time
limits and, where relevant, travel, subsistence and accommodation
costs.
If you do not, we are effectively writing a blank cheque.
We must apply the same discipline to expenditure on all witnesses, including loss
of earnings. Consider the timing of any attendance to make sure that this
minimises the cost to COPFS.
Because we have a finite budget, money spent unwisely in one area merely
reduces what is left for other cases.

Where costs will be significant, whether ordinary, professional or
expert witnesses, you must tell the Budget Holder (Relevant Fiscal)
and Budget Manager (Relevant Business Manager) before you
commit to the expense.
As with all other expenditure, costs which are expected to be incurred by COPFS
should be added to the relevant Purchase Day Book when the need is identified.
We appreciate that this may only be an estimate initially. More accurate figures
should be provided when they become available.
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Your guide to witnesses
5 Types of witness
There are several types of witness including:

Ordinary including Vulnerable;

Semi-professional;

Professional; and

Expert.
Ordinary, Professional and Expert witnesses cost the service in the region of
£3 million pounds every year. The classification (ordinary, professional or expert)
determines the amount that we pay and is, therefore, very important.
5.1 Definitions and scope
Ordinary witnesses can be victims or bystanders who have seen or heard
something that is relevant to the case. They are not paid to give evidence, but
will be eligible to claim for loss of earnings and travel costs where relevant.
Vulnerable witnesses are generally ordinary witnesses who may need
additional support.
Semi-professional witnesses are witnesses whose knowledge, experience and
training enable them to give specialist evidence which an ordinary witness would
not be able to give, but which falls short of what we would expect from a
professional witness. You can pay them a restricted fee within the scale for a
professional witness. As a guide, a fee of up to 60% of that payable to a
professional witness scale may be appropriate – please see Appendix A.
PROFESSIONAL WITNESS
A professional witness will give FACTUAL evidence of observations he/she is
qualified to make in their professional capacity.
The regulations define a professional witness as a person practicing as a:
· Dentist;
· Vet;
· Member of the legal profession;
· Member of the medical profession eg doctor;
· Accountant;
· Or a similarly qualified person.
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Your guide to witnesses
EXPERT WITNESS
An expert witness is someone who will give an OPINION based on facts
or other evidence which he/she has investigated and who has been
called into a case for that express purpose.
An Expert witness is one who has acquired, by the achievement of a particular
qualification and/or through substantial practical experience, specialist
knowledge and skill in a particular field eg:
· Health & Safety Expert;
· Fire Safety Expert;
· Consultant Orthopaedic Surgeon.
The decision as to whether or not a witness qualifies as an expert depends not
only on his/her qualifications but also on the nature of the evidence, which
he/she gives.
It is for the Procurator Fiscal to judge the capacity in which the witness is being
instructed.
Expert witness fees are not fixed. The fee, for each attendance, should be
negotiated between the Procurator Fiscal and the expert witness and agreed in
advance before any work in undertaken.
This judgement must be recorded in the case papers.
Example:
There is a fight in the Accident and Emergency Department of a hospital. Person
A hits person B and breaks their jaw.
If a doctor witnessed the fight and is then called to court as a witness to
describe what happened, he or she is an ordinary witness, as his/her evidence
relates to something he/she saw and not something he or she did in his/her
professional capacity as a doctor.
If, the doctor was responsible for treating the injuries, and is then called to court
as a witness to give an explanation of the injuries sustained eg what they were –
a broken jaw, he or she is a professional witness, as his/her evidence relates to
something he/she did in his/her professional capacity as a doctor.
If a consultant (who may or may not have treated the person) is presented with
the facts of the case, is asked to give an opinion on how the injury may have
come about, and is then called to court as a witness, he or she would be treated
as an expert witness, as he/she is giving an opinion based on his/her knowledge
or expertise in his/her field.
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If the Procurator Fiscal considers that a witness who they have asked to be
precognosed should be treated as an expert witness then you must include a
statement about this in the notes at the beginning of the precognition.
The Procurator Fiscal should give their opinion on whether expert fees are
justified and find out what fee has been agreed with the witness.
If there is any doubt over the appropriate category for any witness, then you
should consult the appropriate senior manager in the Crown Office for their view.
We realise that in some cases it is difficult to tell the difference between an
expert and a professional witness.
This is only relevant in financial terms because someone who is pre-eminent in
their field may expect to be paid at a higher rate.
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6 Eligibility for payments
6.1 Interpreters, translators or transcribers
This department only pays interpreters when they are directly engaged for
Crown witnesses for court and precognition, and for bereaved relatives who want
to view proceedings.
Staff must use the Scottish Government Framework Contract for the Provision of
Interpreting, Translation and Transcription Services. This contract only covers
speech. Sign language interpreters are not covered by the contract and should
be paid as in Section 8.1.2.
Our User Guidance for the provision of interpreting, translation and transcription
services is available on the Intranet under the Diversity Guidance pages.
There are two Interpreting Agencies listed on the contract, and each has their own
approved rates shown in their Pricing Schedules for interpreting, translation and
transcription. Please treat these rates as commercial-in-confidence and they
should only be available to staff working with the contract. Pricing Schedules
are available from Finance Division and Business Managers.
6.2 Other people attending court
A person who needs to attend court for a case, other than to give evidence, may
receive the same allowances as an ordinary witnesses. Examples are:

a parent or guardian of a child witness;

a carer or supporter accompanying an elderly or infirm witness if this is
agreed in advance by the Procurator Fiscal; and

witnesses and their companions attending court for familiarisation visits
when invited by the Procurator Fiscal.
6.3 Special cases
6.3.1
Ordinary witnesses detained for more than a week
You must have the agreement of the Procurator Fiscal in advance, if possible, for
all payments to witnesses who have to be detained for a week or more.
6.3.2
Deferred sentences
The Sheriff Clerk will pay any expenses claimed by witnesses who are
summoned again for a deferred sentence.
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6.3.3
Your guide to witnesses
Attendance by witnesses and others at locations other
than court
A person, who is asked by COPFS to attend a place other than court for a case
eg attending a COPFS building to video conference, may receive the same
allowances as ordinary witnesses.
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All witnesses must be made aware of their entitlements at the earliest
possible time
7 Ordinary witnesses
All witnesses who appear in Court, or come to the office, for precognition are
allowed to claim reasonable expenses such as for travel, subsistence and loss of
earnings.
This is a significant cost to COPFS, and you must have an effective screening
process. Equally, confirming that a witness will attend ahead of the case can
reduce non-attendance which may cause churn or even lead to a case being
abandoned; this will greatly reduce waste.
7.1 Travel and subsistence
7.1.1
Travel arrangements
Witnesses must use the most economical form of transport.
You must try to minimise travel costs. To do this you should use the most
economic form of travel this may include issuing a rail warrant for rail travel or
making arrangements through Expotel Travel. Due control must be exercised
when issuing witnesses with rail warrants.
There are set rates for subsistence and travel which you will find in Appendix A.
Witnesses can use their own transport and there are mileage rates for cars and
motorbikes. Witnesses with cars are entitled to additional payment if they bring
other witnesses with them in their car – these rates are also in Appendix A.
Witnesses who come by train are entitled to claim their Standard Class rail
fares, but have to produce their receipt to support their claim. You can find rail
fares on the internet by searching for ‘National Rail Enquiries’. If a witness has
used first class travel, you can only refund the standard class ticket price.
All travel will be calculated on the distance from the address on the Witness
Citation, unless the witness has told the citing PF Office that they have changed
their address.
Where an ordinary witness travels by public transport, we will refund their actual
fare as shown on the travel ticket, provided they have used the most economical
form of transport. The cashier should note on the citation that they have seen
the ticket if the witness needs to keep it for a return journey.
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Air travel
Ordinary witnesses can only fly if the Procurator Fiscal has given them
permission before they travel. In deciding whether or not to allow a witness to
fly, consider whether the cost of the airfare will reduce any loss of earnings,
subsistence and fares for other forms of transport. If allowed, the Procurator
Fiscal’s Office should make arrangements through Expotel Travel.
Bear in mind that the cheapest fare may not always be the best one and you
should treat witnesses accordingly: be reasonable. Last minute cancellation of a
trial could mean losing a discount fare, and it may be more practical for the
witness to obtain an ‘open’ ticket.
Private vehicles
Where an ordinary witness travels by car, motorcycle or bicycle either from
choice or because public transport is not practical or disrupted, you will pay
them the mileage vehicle rate for witnesses as in Appendix A. Witnesses who
travel long distances by car will be paid the equivalent standard class rail fare if
the rail fare is less than that for a car or motorcycle.
Passenger allowance
If a witness carries another witness in their car, you can pay them a passenger
allowance as shown in Appendix A. The passenger will not be entitled to any
travel allowance.
Parking charges
We will not pay car parking charges if a witness is being paid for travelling by
car.
Hire vehicles – taxis
If necessary, the Procurator Fiscal will allow the cost of a hired vehicle to
transport aged or infirm witnesses. This may also be allowed for other witnesses
when public transport is not available, provided that the distance travelled is
over two miles each way. In all these cases, we will only allow one hire where
two or more witnesses attend from the same address, unless the Procurator
Fiscal is satisfied that it was necessary to hire more than one vehicle. The
Procurator Fiscal, at his/her discretion, may refuse to allow these hirings. Attach
an explanation to all claims of this type (receipts should also be attached). The
Procurator Fiscal must authorise the expenditure on the citation.
We do not pay gratuities (tips).
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7.1.2
Your guide to witnesses
Subsistence
The claim form must show the start and end times of journeys. Only then should
you pay ordinary witnesses a subsistence allowance as shown in Appendix A.
If a witness needs overnight accommodation, they must tell the Procurator Fiscal
at least 14 days before they need it and COPFS staff will book it. If they do not
do this, and have not first obtained approval, you must not pay any claims for
accommodation. You should use the most economic solution that is available,
whether this is Expotel or booking through an alternative route such as the
internet. This will ensure best use of the local budget.
Where a witness stays overnight on dinner, bed and breakfast and attends court
the following day, and intends to travel home that day, then the witness will be
entitled to the relevant daily subsistence rate for the time spent at court.
Where a witness is staying overnight for several days on dinner, bed and
breakfast, then the witness will be entitled daily subsistence at the 5 to 10 hours
rate to cover the cost of lunch for the time spent at court.
The local PF Office should try to book a witness in the right accommodation on
dinner, bed and breakfast terms. However, where they cannot, and the terms
are bed and breakfast only, the over 15 hours subsistence rate will be payable to
cover the cost of an evening meal in addition to the 5 -10 hours rate for lunch.
A witness required to attend on successive days, whose travelling expenses for
returning home overnight are less than the overnight allowance, will be expected
to return home unless there is a good reason for not doing this and you can pay
them travelling expenses in place of an overnight allowance. See Appendix A.
We will normally pay a witness a modified overnight allowance when they have
to spend the night away from home, but do not incur hotel expenses, for
example staying with friends or relatives.
7.2 Loss of earnings
Many, but not all, witnesses who appear at court or attend to be precognosed
will not be paid by their employers for time off their work. We will, within
certain limits, pay them what they would have earned.
7.2.1
Basic rates
All witnesses must justify the amounts they are claiming, but the amount of
proof we need increases with the more they claim.
 witnesses who attend for up to four hours can claim up to £25; and
 witnesses who attend for a full day (more than four hours) can claim up to
£50.
These figures are gross – we do not deduct tax, but a witness may be liable to
tax on their claim.
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7.2.2

Your guide to witnesses
Higher rates
If a witness wishes to claim more than £25 for up to 4 hours or £50
for a full day, their employer must complete the relevant sections of
the claim form (on the back of the citation) including providing an
official address and contact details and confirmation of the name
and job title of the person signing off the claim. The claim form
should clearly identify the NET loss of earnings (gross earnings less
Tax and National Insurance) and the number of hours lost.
Claimants should be encouraged to provide a pay slip to support their
claim.
It is possible that shift workers, or others (like oil workers) may have to miss
more than one shift and so the amount claimed could be large. This is
acceptable provided that the loss of earnings is genuine. However, we must
minimise the cost to COPFS, for example by scheduling a case at a time that the
oil worker is onshore.
Witnesses who are self-employed must provide the same proof as those who are
employed for claims up to the £25 and £50 limits, but for claims above these
figures they have to supply a copy of their latest tax return to support their
claim.
An ordinary witness who loses earnings, which may include, for example
bonuses and shift money, will be paid an allowance depending on how long they
are not at work, including travelling time. The allowance is the actual gross sum
they have lost, up to, but not exceeding, the amount shown in Appendix A,
provided that:
 the witness’s employer has signed and stamped the loss of earnings
section on the citation; or
 if they have used a substitute, the citation is signed in the right place by
the substitute clearly showing the amount paid.
The loss of earnings allowance is intended to compensate people when doing
their public duty in attending court to give evidence.
7.2.3
Public Sector employees
Public Sector employees eg Civil servants, employees of public bodies and
members of the armed forces are paid by their own department if their
attendance is official. If their attendance is not official (i.e. if they attend as a
member of the public and the case is not related to their employer) they will be
eligible for loss of earnings payment. If you are challenged about this you must
refer the matter to the Crown Office. However, in all capacities we will pay them
travel and subsistence costs.
Make sure that armed forces staff are cited through their Commanding Officer.
The Commanding Officer should make sure that they obtain whatever benefit
they can from reduced fares for their staff. You can pay travelling expenses to
either the witnesses or to the Service Authority.
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7.2.4
Your guide to witnesses
Shift workers
Shift workers with variable working hours may have special difficulties, as
attending court as a witness may mean a double absence from work. We must
exercise discretion in these cases.

Remember that they may not be able to work an early morning shift
because of the time they are cited to attend court.

They may not be able to return to a later shift because of the uncertainty
of their release time.
It is possible that a witness may not be able to attend two shifts. If you are
satisfied that the witness has genuinely and necessarily lost earnings for two
shifts, you may allow two allowances for the one attendance. You need to apply
the guidance we have given here for each shift.
7.2.5
Self-employed witnesses
You may compensate a self-employed witness for loss of earnings or pay for a
substitute within the limits specified in Appendix A, if they give you documentary
proof. For up to £50 a business card, letter headed note paper or a taxi driver’s
licence will suffice, for claims over £50 you will need to obtain a copy of their
last tax return. Self-employed witnesses are paid for loss of earnings at gross
rates, but are required to declare the payment to HMRC under Schedule D
income.
If they cannot do this, because for example it is a new business, they must
provide a letter from their lawyer or other independent person corroborating
their claim for gross loss of earnings and the number of hours they have lost.
We are not liable for the costs of providing these documents. If the witness is
not able to provide them, then you can make an interim payment based on the
amounts in Appendix A and pay any balance due when they have provided the
correct supporting documents.
7.2.6
Seamen and offshore workers
You may pay an allowance to a seaman or offshore worker who has to stay on
shore to attend court to give evidence and thereby misses their ship or loses
work for the time which they are, and are likely to be, kept on shore. You must
obtain confirmation from the witness's employer on the number of days pay they
actually lost and calculate the amounts they should be paid in line with this
guidance and Appendix A.
The PF Office should arrange for overnight accommodation if it is required.
The Procurator Fiscal should, at the citing stage, try to find out when
the witness will be ashore and arrange the trial date to be set to match.
Many specialist members of fishing crews for example are required by law to be
aboard during a fishing trip and the absence of that member of the crew could
curtail or even cancel a fishing trip. This could lead to very significant claims for
compensation from us – as has happened. The Procurator Fiscal should actively
manage this.
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7.2.7
Your guide to witnesses
Other costs
Childminding
If a witness employs a baby-sitter or childminder they will be repaid only if they
do not normally use these services.
The hourly rates payable to registered childminders and non-registered
childminders are in Appendix A. Where the witness provides a receipted invoice
from a nursery or similar, we will pay the amount stated on the invoice.
You will need the childminder’s Local Authority registration number.
Carers’ expenses
If a witness, who acts as a carer, needs to find care cover in their absence, then
you can pay this at the same rate as the hourly rate payable to a registered
childminder. Where the witness provides a receipted invoice, for example from
a nursing agency, you can pay the amount stated on the invoice.
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8 Semi-professional witnesses,
interpreters, translators
8.1 Fees – Entitlement to payment
You can pay the fees, as shown in Appendix A, to semi-professional witnesses
provided they give evidence in their semi-professional capacity.
A semi-professional person not giving evidence in that capacity will be paid as an
ordinary witness. An example of a semi-professional witness would be a qualified
nurse.
8.1.1
Cancellation policy for interpreting assignments
If an assignment is cancelled less than three working days from the start of the
appointment – the minimum charge will be for two hours – see the rates in
appendix A.
8.1.2
Sign language interpreters
Where a prosecution witness requires a sign language interpreter, you may need
two sign language interpreters to attend court. It is common practice for two
sign language interpreters to attend court, one to ‘sign’ while the other observes
and then to change roles regularly.
8.1.3 Fees payable on cancellation
If you have a late cancellation for an interpreter, you can pay the following
proportions of the full rate at Appendix A.
Cancelled within:

24 hours (1 working day) 90% of payment;

48 hours (2 working days) 75% of payment; and

72 hours (3 working days) 60% of payment.
The Procurator Fiscal has to decide the payment based on how long they think
they would have used the interpreter or translator for.
8.1.4 Interpreter working as a professional witness
If an interpreter is cited in a "professional capacity" (i.e. to give evidence about
their interpreting work for the Police in the case for which they have been cited),
they are eligible for payment at a professional rate.
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8.2 Travel and subsistence
8.2.1
Travel costs
The hourly rates quoted in the contract include all travel expenses up to the
first 70 miles. Most assignments should be covered by an interpreter who is
located within a 70 mile radius of the assignment and therefore will not lead to
claims.
Do not pay separate travel costs for total journeys of less than 70 miles.

Only pay travel costs for the mileage over 70 miles travelled
between the place of business of the Agency in Scotland, the home
of the interpreter, or Crown Office in Edinburgh, whichever is
closest to the assignment. They must take the shortest practicable
route.
If you find that a journey to fulfil an assignment is unavoidable, and is over 70
miles, before they make the journey, interpreters must make sure they use the
most effective form of transport, either:
 public transport; or
 privately owned motor vehicle.
The aim is to use the most efficient and economic means of travel, taking into
account subsistence costs and savings in time.
Interpreters must consider the range of fare options available. This should
include special fare promotions, day returns, saver and season tickets and any
other fare offers where using them does not make their journey inefficient. If
they do not follow these criteria and there is no evidence when you receive their
invoice, you must question claims before authorising them for payment.
Where public transport (2nd class) is used and the total journey is over
70 miles, you can pay claims for the full amount of any public transport.
However, these must be supported by an original receipt which must be
attached to the invoice. If an original receipt is not attached, you cannot pay
the claim unless they give you a satisfactory reason in writing.
You can pay a mileage allowance if the journey exceeds 70 miles, the
rate is shown in Appendix A.
Interpreters can only use their private motor vehicle to travel to an assignment
once they have obtained agreement from their COPFS office. We will only do
this when we know that public transport is either not available or impracticable.
It is the responsibility of the interpreter to make sure that their vehicle is
correctly insured for their work.
You cannot pay any parking charges.
Only in exceptional circumstances will we agree to air travel, for example from
Edinburgh to Kirkwall – and this must be pre-arranged with COPFS.
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8.2.2
Your guide to witnesses
Travelling time
In this section we set out the rules that apply to calculating and paying time
spent on travelling to or from an assignment. We call it 'travelling time'.
You can only pay travelling time in addition to the hourly rate in the following
three circumstances:
1. where travel to and from the assignment exceeds 90 minutes each way;
2. where an overnight stay is required to fulfil the assignment, either before
the assignment, or after the assignment, travelling time on the day of
travel can be claimed to reflect that they were not available for other
work; or
3. where to fulfil an assignment, an interpreter is required to travel outside
normal business hours of 8am to 6pm.
Payment for travelling time in these instances will be made at 50% of the
hourly rate for the assignment, and will be for the actual time spent
travelling. For this section, the point of origin of the journey will be the place of
business of the contractor, or the home of the interpreter, whichever is closest
to the assignment.
You must make sure travel time claims are supported by the monitoring
or attendance form and attached to the invoice.
8.2.3
Subsistence
The 24-hour subsistence allowance covers a period of up to 24 hours and where
the assignment is at least 90 minutes travelling distance from the interpreter’s
home. This only applies where they incur expenditure on overnight
accommodation.
We will not normally allow an overnight stay unless there are sound operational
requirements and where you consider the level of travelling to be unreasonable.
You would need to take into account a number of factors such as the length of
time required to travel, the time the assignment is scheduled to start and finish,
and the availability and frequency of transport for the interpreter.
24-hour subsistence comprises the receipted cost of bed, breakfast and dinner,
up to a capped limit. Bed, breakfast and dinner costs must be supported by an
original receipt attached to the invoice. If the interpreter or agency do not
attach an original receipt, do not pay the invoice unless they can provide a
satisfactory written explanation. The current capped limit is £80.00 for bed
and breakfast and £23.50 for meals.
Exceptionally, interpreters may be able to claim for reimbursement of bed and
breakfast costs above the capped limit, but only if previously authorised by
COPFS. The interpreter involved must have made reasonable efforts to find
suitable accommodation at the assignment within the limits. This includes
having tried to get accommodation using Expotel. The claim must show that any
increased costs were necessary and not incurred as a result of personal
preference. The interpreter must attach a written note explaining why they
incurred increased costs above current limits to their invoice. If you do not get a
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satisfactory explanation, you must restrict payment to the current 24-hour bed
and breakfast subsistence limit.
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9 Professional witnesses
9.1 Fees – entitlement to payment
You can pay the fees shown in Appendix A to professional witnesses provided
they give evidence based on their professional work.
You will pay a professional person who does not give evidence in a professional
capacity as an ordinary witness.
For example a pharmacist will be paid as a professional witness if:

they give evidence about a forged prescription or how the system works;
and

the shop has to close because the pharmacist attends court.
You may reimburse the cost of a locum if the pharmacist is required by the local
health authority to keep the shop open.
Similarly doctors may have to attend court and can claim either a fee or the cost
of employing a locum.
But in both cases you can only make a payment for one or the other, not
both.
You can only pay the locum rate if they produce an original receipt. If you
cannot obtain a fee note, then you must reduce the claim to the rates in
Appendix A.
Doctors who work in a hospital will generally not suffer a loss of earnings as
their shift will be covered by another doctor. This is in line with Section 7.2.3
above regarding Public Sector employees. As no loss of earnings has been
suffered a fee is not payable. However, subsistence costs, as outlined in
Appendix A, will be payable.
In individual medical practices the absence of a doctor who is appearing in court
may require the practice to incur the cost of employing a locum. COPFS will pay
the Professional OR the locum fee but not both. Day subsistence to professional
witnesses is covered in their fees but travel costs will be payable. However, if a
locum’s fee is being paid, the witness will be entitled to travel and subsistence
costs as outlined in Appendix A.
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9.2 Psychologists or psychiatrists
You should pay psychologists or psychiatrists as professional witnesses
according to the fees in Appendix A unless they are entitled to expert fees (see
below).
9.2.1
Travel allowances
Professional witnesses can claim for the following.
1. Rail – standard fare.
2. Air travel – but only where the witness has permission in advance from
the Procurator Fiscal. You can use Expotel for booking flights.
3. Private car – where a professional witness uses a private vehicle, which
saves significant time, you can pay them a Motor Mileage Allowance at the
Standard Rate – see Appendix A.
9.2.2
Subsistence
Day subsistence to professional witnesses is covered in their fees. However, if
the professional witness fee is not being claimed (because the doctor works for a
hospital or a practice which is reclaiming the cost of employing a locum)
subsistence can be claimed at the rates shown in Appendix A.
If a professional witness is detained overnight, you can pay an allowance – see
appendix A for the subsistence rate.
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10 Expert witnesses
10.1
Fees – entitlement to payment
Before instructing an expert to start work, the Procurator Fiscal must
agree the rate of payment with them. The rates in Appendix A should be
used as a guide (not as an absolute rate), as the Procurator Fiscal has discretion
to negotiate a higher or lower rate.
10.1.1 Higher rate
Where an expert seeks payment at a higher rate or on some other basis, the
Procurator Fiscal can approve the higher rate after negotiation with the claimant.
This negotiation can take the form of a financial ceiling, for example a flat rate
based on the anticipated time the witness will be employed. Should the rate
negotiated be more than that shown in Appendix A then you must refer the
matter to a Procurator Fiscal at Senior Civil Service Band 1 or above, for
approval before you instruct the expert.
10.1.2 Cases of urgency
In cases of urgency, where the Procurator Fiscal considers it essential to instruct
an expert without delay, they may do so without referring to the Area Procurator
Fiscal since we do not want to restrict the Procurator Fiscal from making full and
proper inquiries. Where the Procurator Fiscal does instruct an expert in this
way, they should tell the Senior Civil Servant as soon as possible afterwards.
10.1.3 Doctors
Doctors will only receive expert fees in exceptional cases, and these will not
apply to autopsies. The post-mortem fee referred to in Appendix A is not an
expert fee, but relates to the complexity of autopsies and not necessarily to the
expertise of the doctor. The payment of expert fees will depend on each case.
An opinion given on the ‘cause of death’ does not itself attract the fee payable to
an expert witness. You must have asked the opinion of the witness based on
their specialist knowledge of the subject before you can classify them as an
expert witness. Similar considerations apply to the examinations produced by
medical experts. In general, you should only use expert witnesses in cases
which at the outset appear to be both serious and difficult.
10.1.4 Travel allowances
The rules outlined in Section 9.2.1 above apply equally to Expert witnesses.
10.1.5 Subsistence
Please see Section 9.2.2 above.
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10.1.6 Invoices
Invoices for experts should, if possible, conform to the rates shown in Appendix
A. The expert witness submitting an account to a Procurator Fiscal must certify
that it is correct.
Before sending the account to Crown Office Finance Division for payment, the
Procurator Fiscal should make sure that it includes the following:
 name of accused or deceased and case number;
 nature of offence, if relevant;
 paragraph number of the regulations under which payment is being made;
 dates or times of examinations or reports;
 account code, office code and function code; and
 signature from the doctor or expert.
The Procurator Fiscal must authorise payment of the account and should also
give his views on the charge made.
Where it applies, you must attach the Departmental letter to the account stating
that the Crown Office and Procurator Fiscal Service has agreed that the witness
may be treated as an expert, and then send it to Crown Office Finance Division
for payment.
The Procurator Fiscal must make sure that all invoices are sent to Crown Office
Finance Division immediately so we can meet our prompt payment targets.
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11 Medical reports - fees for
psychologists, psychiatrists and
pathologists
11.1
Fees – entitlement to payment
The fees you can pay to doctors for examinations are shown in Appendix A.
Please note that the department only pays if proceedings go ahead.
11.1.1 Psychiatric or psychological examination
You may pay for a psychiatric or psychological examination of a person to certify
whether they are fit to attend court.
11.1.2 Psychiatric or psychological - additional fee
If an examination (including making notes at the time) for any of the above
takes more than one hour, you will have to pay an additional fee as outlined in
Appendix A. Preparation time for a report is part of the examination.
11.1.3 Work carried out at weekends and bank holidays
Work carried out on Saturdays, Sundays and Bank holidays will be paid for at
the rates that would otherwise apply between 7.00pm and 8.00am on a
weekday.
11.1.4 Second or subsequent examination
The fees you pay for a second or subsequent examination within a single call-out
will apply unless the second or subsequent examination took place at a different
place.
11.1.5 Analysis of blood or urine
The fees for analysing blood or urine samples in connection with the Road Traffic
Act 1988 are in Appendix A.
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11.1.6 Examinations to determine mental condition
The fees set out above are also payable for examinations to determine the
mental condition of the accused and when an emergency examination is made to
determine whether an accused should remain in the police cells or be transferred
to a hospital.
When a fee for a full examination is claimed the doctor must attach a note of the
time taken for this examination. For this, ‘examination’ includes not only
interviewing the accused, but also obtaining background information from, for
example, relatives and hospital records.
Medical examinations continuing into a second day are treated as one
examination and you will pay for every hour after the first.
If the Procurator Fiscal asks for a full written report, the fees (under Reports) in
Appendix A apply.
If the Procurator Fiscal asks for a report on a convicted person at the court’s
request, they will not be responsible for paying the psychiatrist’s fee. Pass any
note of a fee that they receive to the Sheriff Clerk for settlement.
11.1.7 Post-mortem examinations
Under normal circumstances the fee for a post-mortem examination (autopsy) is
part of the local contract for services. The fee for an examination that is outside
a contract is in Appendix A. Payment of a post-mortem fee outside the
contracted arrangements will be an exception.
In complex cases, the Procurator Fiscal may authorise the payment at the
Special post-mortem rate outlined in Appendix A. However, not all homicides are
necessarily complex cases. The Procurator Fiscal must justify the rate claimed.
That justification must be attached to the account when it is submitted to the
Crown Office Finance Division for payment.
If the Procurator Fiscal asks a full written report, you will have to pay an
additional fee (under Reports in Appendix A). When a two doctor post-mortem
has been instructed and both doctors collaborate in preparing a joint report, you
will need to pay each doctor the full fee for the report where they claim it.
Where National Health Service (NHS) facilities are used for forensic autopsies,
you pay a flat rate. You will pay an additional fee when radiological, histological
and toxicological (or any combination of these) are carried out. The NHS cannot
charge for body storage facilities in cases where there is no autopsy.
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11.1.8 Post-mortems – additional fees
Where it takes more than an hour for a pathologist to travel to the scene of a
post-mortem, you will pay an additional fee for every hour, or part of an hour –
see Appendix A. Please show payments under this heading separately on the
claim form in the same way as travelling expenses.
11.1.9 Anaesthetic deaths
Where a doctor has to interview a surgeon, anaesthetist or other person about
an anaesthetic death, you will pay them for the investigation. Where a postmortem is necessary, any claim they submit should show the date and times of
the doctor’s work.
11.1.10 Motor mileage allowance
Where a psychiatrist or psychologist or pathologist uses a private vehicle which
saves time, you will pay them the mileage allowance for doctors laid down in
Appendix A.
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12 Payment processes
As with citation forms, all claims, whether travel and subsistence, loss
of earnings or invoices must be annotated with the following codes:
Account code, Office code and Function code. These can be accessed on
the Finance intranet pages on PFeye.
Witnesses who appear in court or come to the office for precognition may be
entitled to claim reasonable expenses for travel and subsistence and loss of
earnings.
All claims must be thoroughly checked locally by the Cashier and they
must see and check all receipts – we have given you more guidance below.
Ordinary Witnesses are usually paid by Payable Order this is done by Finance
Division. Cashiers must establish whether the witness has a bank account that
accepts cheques or has a trusted family member who can process the cheque on
their behalf.
A cashier can pay up to £30 in cash for travel and subsistence costs but only in
cases of exceptional hardship. This amount can only be increased on the specific
authorisation of the Office Manager or relevant Business Manager.
Cashiers must remember that most claims are genuine. There may be some that
are not, but you should still appreciate that witnesses are helping COPFS to fulfil
its role in the legal process and you must treat them sympathetically and with
courtesy and respect.
When a witness is cited, the pack they receive will include a form which they
must use to make a claim. This form shows how the claim is built up, but it also
acts as a record that they have been paid and as an accounting ‘voucher’ which
is important for audit.
Do not pay witnesses if they do not have a valid claim form. If they have
lost their original form then replace it for them to complete. The citation pack
also tells them the rules about expenses and payments which we give you in this
Section.
Given the significant cost to COPFS, we must have effective checks, but
equally must remember that being able to confirm that a witness will
attend a case will reduce non-attendance and reduce waste. Nonattendance can also lead to a case being delayed or even abandoned.
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12.1 Paying witnesses travel costs over the
counter
The cashier must take all steps to ensure that all claims are genuine.
Once the cashier is happy that the claim is valid and the witness has completed
it correctly, you must tell them that they will be paid by payable order posted
from the Finance Division in Edinburgh, usually within three working days.
If the witness asks for money immediately, or is clearly needing it, cashiers can
pay them their Travel and Subsistence up to a strict limit of £30 in cash over
the counter each day. Do not include any loss of earnings because you
have to verify these. In special circumstances Finance Division can
arrange for a same day or a next day payment to the witness’ bank
account – to arrange this please contact either the Transaction
Processing Manager or the Deputy Finance Manager.
In exceptional circumstances, where out of pocket expenses are over £30.00
and the witness claims hardship or an emergency, the Office Manager will decide
and authorise you to pay cash over the £30.00 limit and record that this is what
they have done. To avoid a second payment and for audit purposes, please
make sure this is written on the citation.
12.2
Paying claims for loss of earnings
Most people are paid monthly into a bank account although some are still paid
weekly. If a witness has a good reason for wanting to be paid more quickly than
by the payable order, we can arrange for their claim to be paid into their bank
account quickly, but this should only be arranged after the Office Manager,
Business Manager or Procurator Fiscal has given their approval, noting the
reasons on the claim form and verifying their approval by signing the claim
form. We will only allow payment this way in exceptional circumstances
because we incur a significant cost.
Do not go over the limit on cash payments, even if a witness’s total claim is just
over £30, unless these are exceptional circumstances authorised by the Office
Manager.
If the witness wishes to be paid the small amount outstanding, we will pay them
using a payable order as above. If the witness decides that they don’t want to
be paid the outstanding amount, they MUST sign the claim form showing that
they have decided not to take the money but you must give them the option
of being paid all the money that they are due.
Some witnesses might have to attend the court for more than one day. If so, it
is best to make a single payment by payable order through the Finance Division,
but if they want cash each day, the rules above still apply:

they can get up to £30 cash each day for travel, subsistence, baby-sitting
and, or, alternative carer costs – but no loss of earnings; and
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if they do not come for payment each day and present a claim covering
several days, they can still only be paid up to £30 in cash no matter how
many days the claim is for – and any cash payment can only be for travel,
subsistence, baby-sitting and, or, alternative carer costs viz not loss of
earnings.
12.2.1 Validation of witness claim forms
The cashier is responsible for making sure that the claim forms are properly and
accurately filled in and they should take care to ensure that:

the address is the witness's current full postal address;

the claim form is properly completed;

there is proof that the claim is valid for travel and subsistence;

appropriate evidence is provided to support loss of earnings (see
Paragraph 7.2.2 above);

the amounts claimed are reasonable and do not exceed the maximum
amounts allowed – see Appendix A:

any cash payments are properly recorded on the claim form;

any advance payments are taken into account;

any travel warrant issued or accommodation booked is noted; and

the witness has signed the claim form.
Once the form has been completed correctly, the cashier, who must be a
designated authorised signatory and must have completed the Cashier’s
best practice training course, must also sign it. Only pay the witness when
the cashier is happy that the form has been filled in correctly.
12.2.2 Sending the claim form to Finance Division
At the end of each day, gather and total the claim forms for that day which do
not need payable orders using a machine that has a print-out. Staple the printout to the claim forms for that day and the amount entered to the cash book.
Keep the bundled claim forms for each day safe with the previous days’ batches,
and at the end of the month submit them with a completed E2 form to Finance
Division.
Post forms which need payment by payable order by Finance Division that night.
If part of the claim has been paid in cash (up to the £30 limit) record this clearly
on the claim form together with the balance that will be by payable order.
Note: before sending any claims to Finance Division for payment, please
make sure that the witness has a bank account which the payable order
can be paid into. If the witness does not have bank account then the
payable order can be made out to a relative or trusted friend.
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Duplicate claim forms
Sometimes a witness will want to claim expenses but will say that they have lost
their claim form. To make a payment, you will have to give them a duplicate
form to keep the financial records complete, but before you do, check that:

the person claiming is a genuine witness; and

they have not already been paid their expenses and are therefore trying
to get the money a second time – this is fraud.
If the claim is for an appearance in the local court or PF office on the same day,
phone the relevant court or the COPFS officer dealing with them to confirm that
the claim is legitimate. However, sometimes witnesses make claims for
appearances in courts in other towns, for example the High Court in Edinburgh
or Glasgow, and sometimes several days or even weeks before.
Before you pass claims to Finance Division, the cashier must satisfy themselves
that the claim is legitimate and has not already been paid, before issuing a
duplicate claim form.
Ask the person claiming for as much information as possible about their
summons to appear:
 the date;
 the case details if they know; and
 the court or office they attended.
Confirm these details either by looking at FOS/PROMIS to see that they were
cited, or by phoning the relevant Office. Once you have confirmed that the
witness has appeared as they claim, check to make sure that they have not
already been paid. Many cashiers keep records of who has been paid. Contact
the local cashier and ask them if they have paid the witness.
If not, and if the cashier is satisfied that the claim is genuine, issue a duplicate
claim form to the claimant.
Duplicate claim forms should be prepared by somebody other than the cashier
and that person must have the form signed by the Office Manager, Business
Manager or another senior manager in the office to confirm that it is considered
genuine.
Once you have done this, you can pay the witness their expenses as normal.
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12.3
Your guide to witnesses
Advance payments to witnesses
Occasionally, witnesses may call at a Procurator Fiscal's Office requesting travel
money to attend court in another district. That Procurator Fiscal may pay the
witness if the request is reasonable and genuine. Enter the payment to the
cashbook in the usual way. It is not necessary to obtain reimbursement from
the Fiscal Office that cited the witness, but tell that office what you have done.
There is scope and discretion to make an advance payment to a witness in
appropriate circumstances, however, cash advances are not a routine part of the
business and you should only make them in exceptional circumstances,
for example for travel costs in case of hardship. If payment of travel and
subsistence is required on more than one day, follow the same process. Do not
pay loss of earnings in advance.
12.3.1 Recording an advance payment
Where you make an advance payment, regardless of the circumstance, record it
on the witnesses claim form, and the cashier and witness must sign the claim
accordingly.
12.3.2 Loss of earnings
Many, but not all, witnesses who appear at court or attend to be precognosed
will not be paid by their employers when they are not at work. They are entitled
to be paid the amount they would have earned within certain specified limits.
There is a box on the claim form which the employer must complete and this
should include details of the company including contact details (eg organisation
stamp, business card, headed notepaper) to verify the claim, the person signing
the statement and their job title in the organisation.
12.4 Payment process for claims
A professional or expert witness submitting a citation to a Procurator Fiscal must
certify that it is correct. Before sending the citation to the Crown Office Finance
Division for payment, the Procurator Fiscal should make sure that it gives the
following information:
a) The case number; and where relevant
b) name of accused or deceased.
The Procurator Fiscal will make sure that all outstanding invoices are sent to the
Crown Office Finance Division immediately to make sure we can meet our
prompt payment targets.
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12.5
Your guide to witnesses
Medical fees – psychology, psychiatry and
pathology only
12.5.1 Payment process
A doctor submitting an invoice to the Procurator Fiscal must certify that it is
correct. Before sending the account to Crown Office Finance Division for
payment, the Procurator Fiscal should make sure that it gives the following
information:

name of accused or deceased and the case number;

nature of offence, if appropriate;

paragraph number of these regulations under which payment is made;

date of examination and the time for the doctor was engaged for;

the account code, office code and function code; and

the signature from the doctor to make sure the correct procedures or
rates have been followed.
Invoices submitted to the Procurator Fiscal must be certified as correct by an
authorised signatory and sent to the Crown Office Finance Division for payment.
The Procurator Fiscal will make sure that all outstanding invoices are sent to the
Crown Office Finance Division immediately to make sure we can meet our
prompt payment targets.
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Appendix A
Rates payable
Ordinary witness allowances
Day subsistence
Rate
Attendance up to 5 hours
£2.50
Attendance over 5 hours but not 10 hours
£5.00
Attendance over 10 hours but not 15 hours
£10.00
Attendance over 15 hours
£15.00
Overnight allowances
Attendance overnight
£65.00
Attendance overnight staying with friends and
relatives
£25.00
Mileage allowances
Motor mileage allowance
28p per mile
1st passenger
2p per mile
Additional passengers after 1st.
1p per mile
Motorcycle
28p per mile
Bicycle
7p per mile
Childminding and carers’ expenses
Childminding and carers’ expenses
Rate
Registered childminder
£3.50
Non-registered childminder
£1.00
Carer’s expenses
£3.50
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Money Matters No. 3
Your guide to witnesses
Semi-professional witnesses
Professional witnesses
Rate
Absence from practice or residence up to two
hours
60%
£75.00
£45.00
Absence from practice or residence for two
hours but not over four hours
£112.00
£67.20
Absence from practice or residence for four
hours but not over six hours
£170.00
£102.00
Absence from practice or residence for over
six hours
£225.00
£135.00
Please remember there is cap for overnight stays on bed and breakfast only of £80 – see
Section 8.2.3.
Interpreters
Interpreter rates
Rates
Agreed rates are ‘Commercial in Confidence’
As in
contract
There are two companies in our Framework Document
which provide Interpreters and Interpreting Services.
BMs hold lists of approved companies and their agreed
rates. As the rates are ‘Commercial in Confidence’, they
can only be shown to staff working with the Framework.
If you have any questions about these rates, please contact our Diversity
Team, Crown Office 0844 561 3817
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Money Matters No. 3
Your guide to witnesses
Professional witnesses and locum cover
Overnight allowances
Rate
Attendance overnight
As ordinary witnesses
Attendance overnight staying with friends
and relatives
As ordinary witnesses
Mileage allowances
Motor Mileage Allowance
As ordinary witnesses
Professional witnesses
Absence from practice or residence two hours
or less
£75.00
Absence from practice or residence for two
hours, but not over four hours (if four hours
exactly, then pay £112.00)
£112.00
Absence from practice or residence for four
hours but not over six hours (if six hours
exactly, then pay £170.00)
£170.00
Absence from practice or residence for over
six hours
£225.00
Professional witnesses locum cover
Absence from practice or residence not over
two hours (if two hours exactly, then pay
£75.00)
£75.00
Absence from practice or residence for two
hours but not over four hours (if four hours
exactly then pay £112.00)
£112.00
Absence from practice or residence over four
hours
£185.00
Note: You can only pay the locum rate if the witness produces an original
receipt.
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Money Matters No. 3
Your guide to witnesses
Expert witnesses
Overnight allowances
Rate
Attendance overnight
As ordinary witnesses
Attendance overnight staying with friends
and relatives
As ordinary witnesses
Mileage allowances
Motor Mileage Allowance
As per ordinary witnesses
Expert witnesses
Preparation per hour – range
£47 to £100
Engaged for not more than one hour
£82.00
Engaged for more than one hour but not
more than four hours
£164.00
Engaged for more than four hours but not
more than six hours
£246.00
Engaged for more than six hours
£328.00
These rates are a guide and the PF needs to agree a rate with the expert before
they start work
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December 2015
Money Matters No. 3
Your guide to witnesses
Medical fees – psychology, psychiatry and
pathology
Examination and report fees
Rate
First call out
Between 8am to 7pm
£54.00
Between 7pm to 8am
£81.00
Second callout
8am to 7pm
£36.00
7pm to 8am
£54.00
Additional fee if examination takes more
than one-hour (per hour or part thereof).
Between 8am to 7pm
£36.00
Between 7pm to 8am
£55.00
Reports
£32.00
Post-mortem and blood
Fee
£91.00
Report
£32.00
Special post-mortem
£256.00
Analysis of blood or urine samples
£27.30
Mileage Allowance
Motor mileage rate
40p per mile
Where NHS facilities are used for forensic autopsies they charge a flat rate fee of
£228.00 per autopsy. You will pay an additional fee of £37.00 when radiological,
histological and toxicological (or any combination of such tests) are carried out.
The NHS should not charge for body storage facilities where no autopsy is
carried out.
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