4.1 Costs of Witnesses, Interpreters or Medical evidence

The court is not normally concerned with the expenses of witnesses called by a public prosecutor, because they are dealt with by the appropriate prosecutor’s own witness regulations and payment arrangements. However, under section 20(2) of the 1985 Act and Regulation 16(1) of the Costs in Criminal Cases (General) Regulations 1986, the costs of attendance of a witness to be called by the accused, a private prosecutor or the court, or of an interpreter needed because of the accused’s lack of command of English, or an oral report from a medical practitioner who has previously supplied the written report, are payable from Central Funds unless the court otherwise directs. It is only when and if the court makes such a direction that the expense of a witness can be claimed as a disbursement out of the CDS Fund. It is not necessary for the witness actually to give evidence in order to qualify for payment. The expenses of character witness will not normally be paid unless the court has certified that the interests of justice require his or her attendance.

4.2 Under section 34(5) of the Mental Health (Amendment) Act 1982 the Crown Court can make an order for payment out of Central Funds to a medical practitioner of such amount as may appear to be sufficient reasonably to compensate him or her for the expenses, travel or loss of time that he or she has incurred in preparing a report on the mental condition of a person accused of murder.