10 - Medico-legal fees
Paid out of central funds (issued by the Lord Chancellor's Department)
Effective date: 6 May 2003
Source: 78 of 2003 and DL 136/155/1
Allowances: As for CPS in the section on fees paid by the Crown Prosecution Service
1. Written medical reports
These fees only apply for written medical reports requested by the court for the purposes of sentencing.
 | | | £ | |
a) | Report in pursuance of a request to which section 32(2) of the Criminal Justice Act 1967 applies: | | ||
| | | | |
| i) | Consultant (see note 1) | 74.80 | |
| | More than 2 hours' work (daily maximum) (see note 2) | 298.25 | |
| | | | |
| ii) | Other doctors (see note 1) | 52.80 | |
| | More than 2 hours' work (daily maximum) (see note 2) | 211.00 | |
| | | | |
b) | Examination and reports to determine fitness for detention centre training | | | |
| All registered medical practitioners | 35.20 | | |
Notes:
- This lower fee is only paid where no more than two hours' work is undertaken. This would, in practice, be restricted to cases where the offender was perhaps already known to the consultant, with the report being held from information on file. (Letters 23.3.98 and 25.3.99 from W Withers, Lord Chancellor's Department)
- The higher prescribed fee of a daily maximum is paid where more than two hours' work is necessarily undertaken. This will be in the vast majority of cases. Consequently, where a consultant reasonably undertakes work in preparing a written medical report over more than one day, for example, attending upon the offender one day and writing up the report on another, the court may pay an allowance not exceeding the daily maximum for each day the work was done. This is in addition to any travelling expenses which may have been reasonably incurred. (Letters 23.3.98 and 25.3.99 from W Withers, Lord Chancellor's Department)
As CPS rates in the section on fees paid by the Crown Prosecution Service
3. Expert witness
As CPS rates in the section on fees paid by the Crown Prosecution Service. These rates are discretionary.
4. Ordinary witness
As CPS rates in the section on fees paid by the Crown Prosecution Service
Note: The LCD fees are paid when it has been decided that the costs of a defence or, more rarely, a private prosecution, at a magistrates or crown court should be met by the taxpayer, ie central funds. This would occur when a defendant is awarded costs by the court or when a legally aided case reaches court. Costs would normally be paid at the end of proceedings. However, in Crown Court cases if a solicitor is given 'prior authority' by the Legal Services Commission to seek a report and the bill is more than £100, he or she can seek immediate payment on account. The court would notify the witness that such a payment had been made.