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9 - Coroners' work

Coroners’ work: Home Office pathologists
(England, Wales & Northern Ireland)
The fees for coroners’ work relating to post mortem examinations and attendance at inquests are reviewed periodically by the Home Office. Although the fees are paid by local authorities, the fees are approved by the Home Secretary under Section 24(1) of the Coroners Act 1988 and by the Secretary of State for Northern Ireland under article 11 of the Criminal Justice (NI) Order 1980. They cannot be backdated. Increases are announced by administrative action of the Administration of Justice Act 1977 (amended by the Coroners Act 1954); Criminal Justice (NI) Order 1980 (amended by the Coroners (NI) Act 1959).

Doctors may be called to give evidence at an inquest as either a professional or an expert witness. Professional witnesses give medical evidence based on action taken in a professional capacity, ie based on clinical information on their own patients. Expert witnesses may be called to give an expert opinion or advice in their own specialist field.

The Home Office circular only specifies fees for professional witnesses, or pathologists amplifying on their necropsy report. Doctors giving evidence as expert witnesses should determine their own private rate and how long the work should take to do and agree this with the instructing solicitor before preparing their report. The term 'qualifying' in this schedule refers to preparatory work undertaken prior to giving evidence.

Cases requiring 'additional skills'
These are usually cases involving suspected homicide, road or other accidents likely to lead to serious charges, deaths during anaesthesia and deaths involving allegations against the medical profession or another third party. Among the criteria that distinguish this type of examination from that in 'routine' cases are:

i) the added responsibility carried by the pathologist eg in relation to possible criminal proceedings arising from his or her findings;

ii) the frequent requirement for the pathologist to travel long distances at any time of the day or night at short notice to make preliminary examination of the body and to wait while photographs are taken before the body can be removed to the mortuary for the autopsy; and

iii) the need for special tests involving liaison with, for example, bacteriologists. As a consequence of the protraction of the investigation the pathologist may suffer a loss of other work.

The decision as to whether a particular case is potentially one requiring a post mortem examination involving additional skills must be a matter for the coroner's discretion.

Effective date: 1 April 2007
Source: DCA Circular

1. Post mortem fees

		£
a)	For making a post mortem examination and reporting the result to the coroner	93.00
b)	Post mortem examination involving additional skills and reporting the result to the coroner	266.20
	Notes: 1. See section on cases requiring 'additional skills' in the introduction. 2. The rates are payable without reference to any fee the pathologist may be entitled to receive from other sources for assistance given to the police.
c)	Travelling allowances
	In respect of travel by private transport to or from a post mortem examination, per mile each way. The allowances are as follows:
	- Public transport rate	28p
	- Standard rate	45p
	Notes:
	1. Public transport rate should be paid unless the coroner is satisfied that no adequate public transport was available on the date and the time in question, or that it would be unreasonable to expect the pathologist concerned to carry his equipment etc other than by private transport.
	2. Both public and standard rates cover use of motor cycles.
	3. Parking fees are paid for fees actually and reasonably incurred.

2. Attending to give evidence at an inquest as a professional witness

Either:

		£
a)	Attendance allowance:
	- up to 2 hours	88.50
	- between 2 and 4 hours	124.00
	- between 4 and 6 hours	184.45
	- of 6 hours or more	248.00
Or:
b)	If the witness necessarily incurs expense in the provision of a person to take care of his practice during his absence, the maximum allowance payable is as follows:
		£
	i) absence of up to 2 hours	94.35
	ii) absence over 2 hours but not exceeding 4 hours iii) absence of over 4 hours	132.50 265.00
	Note: In those cases where a locum is necessarily employed and it is not possible or practicable to employ the locum for only half a day, the full reimbursement of the costs of the locum should be made, subject to the maximum of £265.00 per day. Such payment is instead of, not in addition to, the fee otherwise payable; proof of the expense incurred in connection with such a claim should be provided.
c)	Travelling allowances for professional witnesses
	i) Where a witness travels to and from an inquest by public transport: the fare actually paid (in the case of travel by railway, the second class fare only, unless for a special reason the coroner otherwise dictates).
	ii) Where a witness travels to and from an inquest by hired vehicle:   In case of urgency where no public service vehicle is available - The amount of fare paid plus any reasonable gratuity paid   In any other case - The amount of fare for the journey by the appropriate public services
	iii) Where a witness travels to and from an inquest by private transport an allowance per mile each way may be paid as follows:
	Motor cycles and motor cars
	- Public transport rate	28p
	- Standard rate	45p
	Pedal cycles
	- Rate	7p
	Notes: 1. Public transport rate is payable when the coroner is not satisfied that the use of a motor cycle or motor car results in a substantial saving of time or is otherwise reasonable. Standard rate is payable if the coroner is so satisfied. 2. The allowance above to be increased by 2p per mile each way in respect of the first passenger carried to whom an allowance would otherwise have been payable for travel to and from an inquest, and by an additional 1p per mile each additional passenger so carried. 3. Where the use of a motor car results in a substantial saving of time or is otherwise reasonable, the allowance above may be increased by the amount of any expenditure necessarily incurred on parking fees. 4. Where a witness at an inquest is, in the opinion of the coroner, suffering from a serious illness, or where it is necessary to carry heavy exhibits, such sums as in the opinion of the coroner have been reasonably incurred may be paid.
d)	Overnight allowance Where a professional witness is necessarily absent from his place of residence overnight for the purpose of attending to give evidence, an allowance in respect of each such night not exceeding:
		£
	i) inner London (within a 5 mile radius of Charing Cross)	90.35
	ii) elsewhere	58.55

 
3. Expert witness allowance

An expert witness may be paid an allowance for attending an inquest to give evidence and for work in connection with its preparation. The level of fee would be determined by the coroner in light of the nature and difficulty of the case and the work involved.

a) Travelling allowances - see 2c
b) Overnight allowance - see 2d