Criminal Practice (Fees and Allowances) Regulation 2021
sec.7Entitlement to allowances
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sec.7 Entitlement to allowances
The prosecution witness is entitled to be paid the following allowances under this section (each a relevant allowance ) for attending court— a travelling allowance; a meal allowance under subsection (2) or (3) ; an accommodation allowance; a loss of earnings allowance. If the attendance does not require an overnight absence, the prosecution witness is entitled to a meal allowance for the following meals— for breakfast for the day of the attendance, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; for lunch for the day of the attendance, if the attendance causes the witness to— leave the witness’s residence or place of work before 1.30p.m.; or return to the witness’s residence or place of work after 1.30p.m.; for dinner for the day of the attendance, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m. If the attendance requires 1 or more overnight absences, the prosecution witness is entitled to a meal allowance for the following meals— for breakfast— for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and for each day following an overnight absence; for lunch— for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and for each day following an overnight absence, other than the last overnight absence; and for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.; for dinner— for each day of an overnight absence; and for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m. For subsections (2) and (3) , the attendance of the prosecution witness requires an overnight absence if the witness is necessarily absent from the witness’s residence overnight to attend court. The amount of a relevant allowance to which the prosecution witness is entitled under this section is stated in schedule 2 . This section is subject to section 8 . (sec.7-ssec.1) The prosecution witness is entitled to be paid the following allowances under this section (each a relevant allowance ) for attending court— a travelling allowance; a meal allowance under subsection (2) or (3) ; an accommodation allowance; a loss of earnings allowance. (sec.7-ssec.2) If the attendance does not require an overnight absence, the prosecution witness is entitled to a meal allowance for the following meals— for breakfast for the day of the attendance, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; for lunch for the day of the attendance, if the attendance causes the witness to— leave the witness’s residence or place of work before 1.30p.m.; or return to the witness’s residence or place of work after 1.30p.m.; for dinner for the day of the attendance, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m. (sec.7-ssec.3) If the attendance requires 1 or more overnight absences, the prosecution witness is entitled to a meal allowance for the following meals— for breakfast— for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 6a.m.; and for each day following an overnight absence; for lunch— for the day of the first overnight absence, if the attendance causes the witness to leave the witness’s residence or place of work before 1.30p.m.; and for each day following an overnight absence, other than the last overnight absence; and for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 1.30p.m.; for dinner— for each day of an overnight absence; and for the day following the last overnight absence, if the attendance causes the witness to return to the witness’s residence or place of work after 6.30p.m. (sec.7-ssec.4) For subsections (2) and (3) , the attendance of the prosecution witness requires an overnight absence if the witness is necessarily absent from the witness’s residence overnight to attend court. (sec.7-ssec.5) The amount of a relevant allowance to which the prosecution witness is entitled under this section is stated in schedule 2 . (sec.7-ssec.6) This section is subject to section 8 .