Committee Reports::Interim and Final Report - Appropriation Accounts 1972 - 1973::30 October, 1975::Appendix


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APPENDIX 4.

FEES PAYABLE TO CIVILIAN WITNESSES

7 Márta, 1975.

An Cléireach,

An Coiste um Chuntais Phoiblí

At the proceedings of the Committee on the 13 February, 1975 in connection with expenditure from the Garda Síochána Vote I undertook to supply information regarding the fees payable to civilian witnesses.

I attach a statement setting out the scales of fees payable at present.

A. WARD,

Accounting Officer,

Department of Justice.

Fees payable to Civilian Witnesses who appear on behalf of the State to give evidence as to fact in criminal cases.

1. Lay Witnesses

(a) Subsistence Allowance.

Periods of Absence from Home or Business
2 hours or more but less than 5 hours	5 hours or more but less than 10 hours	10 hours or more	night allowance covering a period of absence up to 24 hours plus any additional period amounting to less than 5 hours
30p	50p	68p	£2.00

(b) Loss of Time

	Periods of Absence from Home, Employment or Business
	less than 4 hours	4 hours or more
	75p*	£1.50*

(a)	When public transport is used second class rail or bus fare
(b)	Motor car transport is used			..	..	3p per mile
(c)	Motor cycle	..	..	..	..	2p „ „
(d)	Bicycle or on foot		..	..	..	1p „ „

2. Medical Witnesses giving professional evidence on behalf of the State in criminal prosecutions.

(a) (i) Daily attendance fee

Number of Hours Absent from Home
2 hours or less	over 2 but not	over 3 but not	over 4 but not	over 5 hours
	over 3 hours	over 4 hours	over 5 hours
£5.47	£7.65	£10.93	£14.21	£16.94

(ii) Where more than one case arises on the same day an additional fee of £4.37 for each case after the first.

(iii) Where a summoned doctor’s attendance is not required a fee of £2.73 will be allowed in the following circumstances:—

(a) Where the court is within 5 miles of the doctor’s home and he is given less than 24 hours’ notice.

(b) Where the court is more than 5 miles from the doctor’s home and he is given less than 4 days’ notice.

(iv) Consultation with counsel on a day other than the day of the court—a fee of £4.37.

(b) Subsistence

Where a doctor attends court outside his home town, subsistence at Class A rates in the Civil Service will be allowed. The current Class A rates are as follows:—

						£
Overnight allowance (to cover absences up to 24 hours)					..	5.50
Day allowance (not to include any period covered by overnight allowance)
10 hours’ absence or more	..	..	..	..	..	1.83
7 hours’ absence but less than 10 hours		..	..	..	..	0.87

First class rail or a mileage rate of 5p per mile if the doctor uses his own car.

3. Psychiatric reports on accused persons requested by the Court and psychiatrist’s subsequent attendance in court, if requested.

							£
(a) Examination and Report	..	..	..	..	..	..	8.03
Subsequent report arising from the same examination					..	..	4.59
(b) Attendance in Court
Circuit Court£17.21 per day or part of a day
District Court£11.48 per day or part of a day.

Subsistence and travelling expenses are as at 2(b) and 2(c).

4. State Handwriting Expert

											£
(a)	Fee for examination of documents up to 5 in number in a particular
	case	..	..	..	..	..	..	..	..	..	7.35
	Each additional document				..	..	..	..	..	..	0.52½
(b)	Attendance in Court-Circuit or High Court								..	..	£10.50 per day
	District Court				..	..	..	..	..	..	£7.35 per day
(c)	Consultation fee				..	..	..	..	..	..	4.00

Subsistence and travelling expenses are as at 2(b) and 2(c).

5. State Pathology Work

(i)	For attendance in court
	(a) Dublin County Borough
	morning or afternoon			..	..	..	..	..	11½ guineas
	morning and afternoon			..	..	..	..	..	18 guineas
	(b) Outside Dublin County Borough
	morning or afternoon			..	..	..	..	..	17 guineas
	morning and afternoon			..	..	..	..	..	22½ guineas
	if, for reasons of distance, the pathologist has to travel
	on a day other than on the day for which he gets his
	court attendance fee			..	..	..	..	..	27 guineas
(ii)	For abortive attendance in court
	(a) Dublin County Borough			..	..	..	..	..	5 guineas
	(b) Elsewhere	..	..	..	..	..	..	..	11½ guineas

Subsistence and travelling expenses are as paid to medical witnesses— see 2(b) and 2(c).

6. Professional witnesses other than medical

The same scale of fees, subsistence allowances and travelling expenses as are payable to medical witnesses.

7. Expert witnesses (i.e. witnesses who, because of their special status or qualifications, professional or otherwise, are called upon by the State to give evidence or expressions of opinion of the highest competency in their particular field.

Usually witnesses of this kind indicate in advance what their fee will be. The sanction of the Minister for Finance must be obtained for fees in excess of £250.

* These rates may be doubled in exceptional circumstances. If a salary or wage earner has lost salary or wages in excess of what ordinarily would be allowed to him under paragraph (b) above, he may be recouped the difference on the production of a certificate from his employer as to the witness’s salary or wages and as to the earnings he has in fact permanently lost by reason of his attendance in court.