New guidance addresses expert witness costs

The Legal Aid Agency has published new guidance aimed at clarifying the remuneration of expert witnesses in criminal legal aid cases. This comprehensive document delineates how expert costs are evaluated and funded, incorporating details on prescribed rates, the process for requesting higher rates, and the prior authority requirements that need to be met.

In an effort to support prior authority applications, the guidance outlines essential information, such as the need for obtaining alternative quotations and the circumstances under which these are necessary. It also addresses how to assess associated costs, including travel expenses, and specifies the evidence that must be submitted to support applications. To assist providers in submitting complete applications, a prior authority checklist has been included.

Moreover, the guidance provides an overview of expert witness fee rates applicable to criminal cases, encompassing both current and historic matters. By offering clear instructions and expectations, this guidance aims to enhance the understanding and accessibility of expert witness funding in the context of criminal legal aid, ensuring all parties can navigate the funding process effectively.