This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come force on 1 July 2009, replace the Courts Martial Appeals (Fees and Allowances) Regulations 1997.
The regulations provide for the payment of fees, allowances, and expenses to—
an assessor, examiner, or a special commissioner appointed by the Court Martial Appeals Court (the Court) for work done on or after 1 July 2009 in connection with an appeal, or any proceedings preliminary or incidental to an appeal, under the Court Martial Appeals Act 1953 (the Act):
witnesses attending on the order of the Court or examined in proceedings incidental to an appeal under the Act.
Regulation 6 provides for the establishment of a scale of fees, travelling expenses, and allowances payable in respect of work to which the regulations apply. In the case of fees payable to an examiner or assessor under regulation 8, the scale is established relative to the fees payable under the Crown Solicitors Regulations 1994. Those regulations require the Crown Solicitor, in each year, to determine what is called the senior hourly rate of remuneration. Under regulation 5 of these regulations, this figure is the base hourly rate of remuneration for work to which the regulations apply and the fees payable to examiners and assessors are expressed as a percentage of this rate. For examiners, this depends on the person's classification under regulation 7 as senior, intermediate, or junior.
Regulation 9 requires the Court to fix the fees payable to a special commissioner as if he or she were an expert witness, within the range in set out in clause 1(1) of the Schedule of the Witnesses and Interpreters Fees Regulations 1974.
Regulation 10 provides for the payment of fees, allowances, and expenses, in accordance with the Witnesses and Interpreters Fees Regulations 1974, to a witness for a person to whom legal aid has been granted.
Regulations 11 to 13 provide for the payment of various allowances and expenses, including for transport, travelling time, and subsistence costs, in connection with work to which the regulations apply.
Regulations 14 to 18 set out the procedure to be followed in relation to a claim for fees, expenses, and allowances under the regulations, including certification and payment of the claim.