Experts
8.23The reasonable costs of experts (whether in the magistrates’ court or the Crown Court) can be recovered but these costs are subject to the limitations set out in Remuneration Regulations 2013 reg 16 and Sch 5 (see appendix L).
8.24It is good practice to obtain a prior authority on Form CRM4. This enables a payment on account to be made and the expert’s fee to be paid without delay.
8.25Schedule 5 (see appendix L) covers a wide range of experts from medical and forensic to interpreters and translators. Where an expertise is not referred to, the LAA will use the figures set out in the Schedule as a guide to the appropriate rate to be allowed.
4Remuneration Regulations 2013 reg 17(6), (7).8.26Regulation 16(2) provides that the fixed fee or hourly rates may be increased if the LAA considers it is reasonable to do so in exceptional circumstances as defined by regulation 16(3). This requires that the expert evidence is key to the client’s case and either:
(a)the complexity of the material is such that an expert with a high level of seniority is required; or
(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.
8.27Where Schedule 5 (see appendix L) refers to London rates, it is the address of the expert which will determine which rates are payable.
8.28Reasonable medical evidence can be obtained and this may be preferable to a court ordered report to which privilege will not attach. CBAM 7.2.9, quoting CRIMLA 3 as amended, confirms that reports may be commissioned to assist in decision-making and in mitigation, and questions will only be raised when the stage has been reached that court might order a report to support a Mental Health Act disposal.
8.29The SCC limits the remuneration rate for travel by experts in relation to work conducted under the contract. The rate may not exceed £40 per hour or a mileage rate of £0.45.
5SCC A5.51.Interpreters and translators
8.30Interpreters are essential for those who cannot fluently speak English. If a defendant cannot read English, translations – though not required of every document – must be provided of the key documents and statements, and are a reasonable disbursement.
6CBAM 7.9. This right is also provided by EU Directive 12/13/EU guaranteeing a right to information in criminal proceedings including rights to interpretation and translation.
8.31Experts and interpreters
7CBAM 7.8. required during the preparation of a case are a charge on the legal aid fund but at court experts and interpreters for the defendant (but not witnesses) are paid from central funds.
8Costs in Criminal Cases (General) Regulations 1986 SI No 1335 regs 16-20.Forensic science laboratory charges
8.32In guidance the LAA confirms that where appropriate, charges levied upon the defence by prosecution forensic science laboratories for provision of documentation to the defence expert and for allowing the expert access to their premises, equipment and staff may be payable by the LAA. It states that the LAA will only authorise payment where it considers the charge to be reasonably incurred and reasonable in value, and has granted prior authority to incur the cost. While it is good practice to obtain such an authority it is not required as a matter of law.
8.33The LAA states that it will not pay for charges levied for the following activities:
9Guidance on Forensic Science Laboratory Charges in Criminal Matters, Legal Aid Agency, August 2014 available at www.gov.uk.a)forensic work undertaken by the prosecution at the request of the police in relation to evidence obtained by the police up to and including the preparation of reports and statements for use in the criminal justice system;
b)the preparation of statements and exhibits for service on the defence as part of the prosecution case;
c)the provision of unused material which the prosecutor deems meets the tests for disclosure as unused material set out in the Criminal Procedure and Investigations Act 1996, both at the primary and secondary disclosure stages;
d)completion of further forensic work requested by the police/-prosecutor to rebut a defence put forward by the defendant, which may or may not be highlighted in a Defence expert’s report or Defence Statement.