Expert witnesses in legal aid cases

Contents

• How expert witness funding works
• Prior authority
• Civil legal aid cases
• Criminal legal aid cases
• Expert fees and rates
• Detailed guidance for specific expert types
• What to do next

How expert witness funding works

Funding for expert witnesses in legal aid cases is governed by legislation and regulations. These rules set out:

• which expert services may be funded
• when prior authority is required
• the maximum rates that can be paid

 The guidance below does not set expert witness rates or legal tests.

It explains where to find the rules and how the Legal Aid Agency (LAA) applies them in practice.

Prior authority

Prior authority is approval from the Legal Aid Agency to pay for expert services before you instruct the expert.

In some cases prior authority is required, while in others it is optional. If prior authority is required and you do not apply in advance, the cost may not be paid.

Civil legal aid cases

Different rules apply in civil legal aid cases, including family and clinical negligence matters.

You should use the civil and family guidance to understand:

• when prior authority is required
• how to apply using CCMS
• how expert fees are assessed in civil cases

Criminal legal aid cases

If you are instructing an expert witness in a criminal legal aid case, use the crime‑specific guidance on expert fees and prior authority.

This guidance explains:

• which expert rates apply in criminal cases
• when prior authority is required or optional
• when higher rates may be allowed

Expert fees and rates

Most expert fees are set out in legislation.

The guidance for criminal and civil cases explains which rates apply and how they are assessed in practice.

If there is any difference between guidance and the legislation, the legislation applies.

Detailed guidance for specific expert types

Separate detailed guidance is available for specific expert types and circumstances, including:

Forensic science laboratory charges in criminal matters

This guidance sets out that charges from prosecution forensic science laboratories may be paid by the LAA where they are reasonable and prior authority has been granted. It also lists activities that cannot be claimed from the LAA and explains that payment for eligible services will be made in accordance with the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013.

Clinical negligence experts

Ministry of Justice has confirmed that these rates will generally be acceptable as a starting point when an expert provides specialised and unusual evidence in a cerebral palsy case, and their evidence is key to the client’s case:

You must have a good reason if you want to pay these experts more.

Risk assessment experts

You may need a specialist risk assessment expert if:

• the court order specifies a risk assessment
• the work to be done is over and above that requiring independent social work expertise (for example where there’s a conviction or pending proceedings for a sex offence, or where a finding of sexual abuse relevant to the case has been made by a court)
• the report is specifically required to address the risk posed as a result of the above factors

What to do next

Criminal legal aid cases

If you need to apply for prior authority in a criminal legal aid case, use the digital Apply for prior authority service in your legal aid services - Sign in to legal aid services.

Use the criminal legal aid guidance to check whether prior authority is mandatory or optional before you instruct an expert.

Civil and family legal aid cases

If you need to apply for prior authority in a civil or family legal aid case, you must apply through CCMS.

Use the civil and family guidance to understand the prior authority rules and what information you need to provide.

For practical help preparing applications, including evidence and checklists, use the guidance on CCMS Provider: Hints and Tips for Prior Authority Requests – Legal Aid Learning