Payment of witness fees in criminal legal aid cases

If you are cited as a witness in a case where the solicitor has obtained a grant of legal aid, you may be entitled to a fee and expenses but you should clarify this with the solicitor who has issued the citation.

The responsibility for setting any witness fee in a legal aid case lies with the instructing solicitor. The witness fee will fall to be charged as an outlay in the solicitor's account and payment of these outlays is made direct to the solicitor.

The rates payable by the Board to defence witnesses are in line with the prescribed rates issued by the Crown Office in respect of prosecution witnesses. The schedule of rates and expenses for witnesses, which are set by the Crown Office, can be downloaded and read in pdf format.

Solicitors are obliged to submit their legal aid accounts for payment within four months of consultation proceedings in criminal cases. The Scottish Legal Aid Board will endeavor to make payment of a solicitor's account within 30 days of receipt, assuming that the account has been properly prepared.