Costs in Criminal
Cases (Witnesses’ Allowances) (Jersey) Regulations 1973
1 Interpretation and application
(1) In
these Regulations “witness” means a person properly attending to
give evidence, whether or not the person gives evidence.
(2) These
Regulations shall apply to costs payable out of public funds under the Costs in Criminal Cases
(Jersey) Law 1961.
2 Professional witness allowance
There may be allowed in
respect of a witness for attending to give professional evidence, whether in
one or more cases, a professional witness allowance at a rate not exceeding
£196 a day:
Provided that if the
witness attends on any day to give evidence in one case only and the period
during which the witness is necessarily absent from the witness’s place
of residence or practice does not exceed 4 hours, the professional witness
allowance shall not exceed £98, unless the witness necessarily incurs
expense in the provision of a person to take care of the witness’s
practice during his or her absence.[1]
3 Expert witness allowance
There may be allowed in
respect of an expert witness for attending to give expert evidence and for work
in connection with its preparation an expert witness allowance of such amount
as the Judicial Greffier may consider reasonable having regard to the nature
and difficulty of the case and the work necessarily involved.
4 Loss allowance
There may be allowed in
respect of a witness, who attends to give evidence (other than professional or
expert evidence), whether in one or more cases, and thereby loses remuneration
or necessarily incurs expense (other than expense on account of travelling,
lodging or subsistence) to which the witness would not otherwise have been
subject, a loss allowance not exceeding £84 a day in respect of that loss
or expense:
Provided that if the
period during which the witness is necessarily absent from the witness’s place of residence, business or
employment to attend as aforesaid does not exceed 4 hours, the witness’s loss allowance shall not exceed £42
unless the witness necessarily loses more than half a day’s remuneration
or the expense necessarily incurred exceeds £42.[2]
5 Subsistence allowance
There may be allowed in
respect of a witness (other than a witness who receives an allowance under Regulation
2 or 3 of these Regulations) who attends to give evidence, whether in one or
more cases, a subsistence allowance at a rate not exceeding –
(a) £3.80
a day, if the period on any one day during which the witness is necessarily
absent from his or her place of residence, business or employment to attend as
aforesaid does not exceed 4 hours;
(b) £7.60
a day, if the said period on any one day exceeds 4 hours but does not exceed 8
hours;
(c) £15.20
a day, if the said period on any one day exceeds 8 hours.[3]
6 Night allowance
There may be allowed in
respect of a witness, who is necessarily absent from his or her place of
residence overnight in order to attend as a witness, a night allowance not
exceeding the expense reasonably incurred for board and lodging for that night
or a sum of £84 a night, whichever is the less.[4]
7 Travelling allowance
(1) There
may be allowed in respect of a witness, who travels to or from Jersey, the fare
actually paid:
Provided that –
(a) unless
the Judicial Greffier for a special reason otherwise directs, only second class
fare shall be allowed for travel by railway;
(b) if a
return ticket is available for the journey, only the cost of a return ticket
shall be allowed;
(c) no
allowance shall be made in respect of a journey exceeding 5 miles by a hired vehicle
in any case where public transport is readily available.
(2) There
may be allowed in respect of a witness, who travels within Jersey to or from
court by public transport, the fare actually paid.
(3) There
may be allowed in respect of a witness, who necessarily travels within Jersey
to or from court by a hired vehicle in any case where public transport is not
available, the sum actually paid for the hire of the vehicle or an allowance at
the rate of £3 a mile each day, whichever is the less.[5]
(4) There
may be allowed such sums in excess of the sums allowable under paragraphs (1),
(2) and (3) as are reasonably incurred in respect of the travelling expenses of
a witness who is suffering from a serious illness and also in respect of the
carriage of heavy exhibits.
8 Interpreter’s allowance
There may be allowed in
respect of a person, who is employed as an interpreter, such sum as the
Judicial Greffier may consider reasonable.
9 Additional allowance
There may be allowed in
respect of any person who, in the opinion of the Judicial Greffier, necessarily
attends court for the purpose of a prosecution otherwise than to give evidence,
the same allowance as a witness who has attended to give evidence other than
professional or expert evidence.
10 Exceptions
Notwithstanding anything
contained in the preceding provisions of these Regulations, no allowance shall
be payable in respect of –
(a) a
police officer attending court in his or her capacity as such;
(b) a
prison officer attending court in his or her capacity as such;
(c) a
prisoner produced in court in custody.
11 Citation
These Regulations may be
cited as the Costs in Criminal Cases (Witnesses’ Allowances) (Jersey)
Regulations 1973.