NATIONAL PROSECUTIONS AUTHORITY ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

National Prosecutions Authority (Witness Allowances and Expenses) Regulations

NATIONAL PROSECUTION AUTHORITY (WITNESS ALLOWANCES AND EXPENSES) REGULATIONS

[Section 21]

Arrangement of Regulations

   Regulation

   1. Title

   2. Interpretation

   3. Application

   4. Fees, allowances and expenses payable to witness

   5. Accompanying person

   6. Claims for expenses

   7. Authorisation of certain payment

   8. Prohibition of additional allowance

   9. Revocation of S.I. No. 177 of 1990

{mprestriction ids="2,3,5"}

      SCHEDULE

SI 49 of 2016.

1. Title

These Regulations may be cited as the National Prosecutions Authority (Witness Allowances and Expenses) Regulations, 2016.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Authority"  means the National Prosecutions Authority established under the Act;

"Board"  means the Board of the Authority established under the Act;

"inmate"  has the meaning assigned to it in the Prisons Act;

"victim"  means a person who has suffered harm, including physical, mental, emotional, economic or other harm as a result of an alleged offence; and

"witness"  means a person who gives testimony of facts which that person perceived regarding the commission of an offence in order to reveal the truth.

3. Application

   (1) These Regulations apply to a witness summoned to give evidence in a criminal proceeding, including a public officer.

   (2) These Regulations do not apply to an inmate and who is brought to the place of proceedings.

4. Fees, allowances and expenses payable to witness

   (1) A witness shall be paid a transport allowance as provided in the Schedule.

   (2) A person called upon to give evidence in consequence of a professional service rendered by that person, or to give expert evidence shall be paid in accordance with the scale of fees prescribed in the Schedule.

   (3) A witness shall be paid an allowance for being away from the witness's usual place of residence overnight, except where accommodation is provided by the Authority.

   (4) A witness shall be provided with a meal allowance as set out in the Schedule.

5. Accompanying person

The Authority shall pay the parent, guardian or attendant accompanying a witness under the age of 16 years or a witness who by reason of illness, mental or physical disability is unable to attend court unaccompanied such fees, allowances and expenses prescribed in the Schedule as if the parent, guardian or attendant were a witness.

6. Claims for expenses

Where a witness claims an expense that is not provided for by these Regulations, that expense shall be submitted to the Authority supported by receipts or other proof of the expenditure.

7. Authorisation of certain payment

Where the Director of Public Prosecutions or a person designated by the Director of Public Prosecutions, having regard to the circumstances of the matter, determines that the fees and expenses authorised by these Regulations are insufficient for the expenditure incurred by a witness, the Director of Public Prosecutions may authorise further payment to the witness in respect of additional expenses reasonably incurred.

8. Prohibition of additional allowance

A witness who attends more than one matter on the same day at the same venue shall not be paid an additional allowance in respect of those matters.

9. Revocation of S.I. No. 177 of 1990

The Criminal Procedure (Witnesse's and Assessor's Allowances and Expenses) Rules are revoked.

SCHEDULE

[Regulations 4 and 5]

PRESCRIBED FEES