Serious Fraud Office (Witnesses' etc. Allowances) Regulations 1988

JurisdictionUK Non-devolved
CitationSI 1988/1863

1988 No. 1863

CRIMINAL LAW, ENGLAND AND WALES

The Serious Fraud Office (Witnesses' etc. Allowances) Regulations 1988

Made 24th October 1988

Laid before Parliament 27th October 1988

Coming into force 21th November 1988

The Attorney General, in exercise of the powers conferred upon him by section 1(15) of, and paragraph 8(1)(b), (2), (3), (4) and (5) of Schedule 1 to, the Criminal Justice Act 19871, and with the approval of the Treasury, hereby makes the following Regulations:—

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Serious Fraud Office (Witnesses' etc. Allowances) Regulations 1988 and shall come into force on 21st November 1988.

S-2 Interpretation

Interpretation

2. In these Regulations, unless the context requires otherwise—

“appropriate officer” means any member of the Serious Fraud Office as may be designated by the Director for any of the purposes of these Regulations;

“interpreter” shall be construed in accordance with the qualification imposed by regulation 3(1)(b) below;

“professional witness” means a witness practising as a member of the legal or medical profession or as an accountant, dentist or veterinary surgeon; and

“relevant amount” shall be construed in accordance with regulation 4 below.

S-3 Scope of the Regulations and general provisions

Scope of the Regulations and general provisions

3.—(1) Without prejudice to the power of the Director to allow more than the entitlements under these Regulations where he sees fit to do so, these Regulations provide for the entitlements to costs and expenses of—

(a)

(a) a witness who attends court or elsewhere to give evidence at the instance of the Serious Fraud Office, whether he gives evidence or not; and

(b)

(b) any other person who, in the opinion of the appropriate officer, necessarily attends court or elsewhere for the purpose of the prosecution case otherwise than to give evidence (including an interpreter, but only if he is required because of the lack of English of a person attending to give evidence at the instance of the Serious Fraud Office),

in any proceedings conducted by the Director in the discharge of his functions under Part I of the Criminal Justice Act 1987; but nothing in these Regulations gives an entitlement to a person who when called refuses to give evidence.

(2) Such entitlements shall be the same for a person whether his attendance on any occasion is for the purpose of one case or more than one case.

(3) Where a person claims an entitlement under these Regulations it shall be for the appropriate officer to satisfy himself of the person’s entitlement before authorising the claim to be met.

S-4 Determination of scales and rates of allowances

Determination of scales and rates of allowances

4. The scales or rates of the costs and expenses for which entitlements are provided under these Regulations shall be determined by the Attorney General with the consent of the Treasury; and in these Regulations a reference to an allowance of or not exceeding the relevant amount is a reference to an allowance of or not exceeding an amount calculated in accordance with the scales or rates so determined.

S-5 Allowances to professional witnesses for attendance

Allowances to professional witnesses for attendance

5.—(1) A professional witness shall be entitled for attending to give professional evidence on any day to receive a professional witness allowance, which may be either—

(a)

(a) where the witness has necessarily incurred expenditure in providing a substitute professional person to take care of his practice during that day, a locum allowance of an amount equal to actual expenditure incurred not exceeding the relevant amount; or

(b)

(b) where no claim is made under sub-paragraph (a) above, a compensatory allowance of the relevant amount.

(2) This regulation does not apply to an expert witness attending to give expert evidence.

S-6 Overnight subsistence allowances to professional or expert witnesses and to interpreters

Overnight subsistence allowances to professional or expert witnesses and to interpreters

6.—(1) Any of the persons mentioned in paragraph (2) below whose attendance causes him to be necessarily absent from his place of residence overnight shall be entitled to receive an overnight subsistence allowance of the relevant amount in respect of each such night of absence.

(2) The persons referred to in paragraph (1) above are—

(a)

(a) a witness who receives an allowance under regulation 5 above;

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