Summary
- The Legal Aid Agency (LAA) published new guidance on expert witness costs in criminal legal aid cases on 1st July 2026.
- The guidance clarifies how the rates are applied and when prior authority is required.
- In most criminal legal aid cases, prior authority is optional. The exception is Prison Law: prior authority is mandatory where the cost exceeds £500.
- A prior authority checklist is included in the guidance. Using it reduces the risk of incomplete applications and the delays they cause.
- If proposed fees exceed prescribed levels, solicitors may be required to demonstrate that reasonable efforts were made to find qualified experts willing to accept standard rates. However, the guidance acknowledges that this may not always be realistic.
As many Solicitors will know, prior authority disputes in criminal legal aid cases have long delayed proceedings, frustrated experts, and added cost to cases that can least absorb it. In part, to resolve this, the Legal Aid Agency published new guidance in June 2026, bringing together the prescribed rates, prior authority rules, associated cost assessment, and a new checklist into a single document.
What prescribed rates apply to expert witnesses in criminal legal aid cases?
Expert witness fees in criminal legal aid cases in England and Wales are set by Schedule 5 of the Criminal Legal Aid (Remuneration) Regulations 2013, as amended by the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022, which apply to cases started on or after 30th September 2022. Rates differ by discipline and by whether the work is carried out inside or outside London. All rates are exclusive of VAT.
The following rates apply to medical and clinical disciplines most commonly instructed in criminal proceedings:
| Expert | Outside London | London |
|---|---|---|
| Psychiatrist (forensic psychiatry) | £124.20 per hour | £82.80 per hour |
| Psychologist (forensic psychology) | £107.64 per hour | £82.80 per hour |
| Doctor (GP) | £91 per hour | £83 per hour |
| Accountant | £73.60 per hour | £73.60 per hour |
| Accountant (manager) | £99.36 per hour | £99.36 per hour |
| Accountant (partner) | £132.48 per hour | £132.48 per hour |
If proposed fees exceed the prescribed rates, an exception test applies. The LAA will approve a higher rate only where the expert’s evidence is essential to the case, the case requires a highly senior or specialist expert, and qualified alternatives at or near the standard rate are not available. All three conditions must be satisfied.
When is prior authority required, and what must an application contain?
Prior authority is an LAA approval to pay for expert services or disbursements in advance. Where granted, the LAA will pay the agreed amount for the work set out in the application. Prior authority is approval from the Legal Aid Agency (LAA) to fund expert services or disbursements in advance. Where granted, the LAA will pay the agreed amount for the work set out in the application. Although it is not required in every case, obtaining prior authority provides certainty that funding has been approved before the expert is instructed. For this reason, Expert Court Reports recommends that solicitors obtain prior authority wherever possible and request a CRM4 from the LAA confirming that funding has been approved before the instruction proceeds.
A few other points to note:
- Prison Law exception: prior authority is mandatory if the cost exceeds £500. Below £500, no application is needed.
- Prior authority must be applied for before the work is carried out. It cannot be granted retrospectively.
- The Annex B checklist sets out what the application should include: expert type, name, postcode, requested hours, requested hourly rate, estimated volume of documents, alternative quotes (or evidence of why none could be obtained), and travel disbursements.
Best practice for Solicitors instructing experts
- Undertake fee discussions early on – Fee discussions belong at the start of an instruction, not after the expert has begun work. A solicitor who agrees a rate with an expert and then discovers prior authority is needed, or that the proposed rate exceeds the prescribed level, faces either a delay in the proceedings or a costs recovery problem. Raising fees at the point of instruction removes both risks.
- Check whether prior authority is mandatory or optional for the case type, using the LAA’s guidance on expert witnesses in legal aid cases. The answer determines how to proceed.
- Where prior authority is needed, apply through the correct method. For criminal cases, use the digital Apply for prior authority service in your legal aid services account. Applications are generally processed within two working days.
- Follow the Annex B checklist in the LAA’s June 2026 crime guidance.
Final words
The LAA’s June 2026 guidance does not change the cost of instructing an expert witness in a criminal legal aid case. However, it removes the ambiguity that caused delays. Solicitors who read the guidance before instruction, check whether prior authority applies to the case type, and raise fees with the expert at the outset will find the process straightforward.
For solicitors looking for expert witnesses who accept legal aid instructions, visit Expert Court Reports’ expert finder or the fees page for current rate information.
Frequently asked questions
Does the new LAA guidance change the prescribed hourly rates for expert witnesses?
No, the new guidance published on 1st July 2026 does not alter the prescribed rates. Expert witness fees in criminal legal aid cases in England and Wales remain governed by the Criminal Legal Aid (Remuneration) Regulations 2013, as amended. The guidance explains how those rates are applied in practice and when fees above the prescribed level may be approved, but the statutory rates themselves are unchanged.
What happens if prior authority is not obtained before instructing an expert?
In most criminal legal aid cases, prior authority is not mandatory, and costs may still be recovered on assessment if the expenditure was reasonably incurred. The exception is Prison Law: prior authority is mandatory where the cost exceeds £500, and a solicitor who proceeds without it risks the cost not being recoverable at all. Regardless of whether prior authority is required, Expert Court Reports recommends obtaining it in every case, together with a CRM4 confirming that LAA funding has been approved, to avoid any dispute over costs later in the proceedings. Prior authority must always be applied for before the work is carried out; it cannot be granted retrospectively.
Are alternative quotations always required when expert fees exceed prescribed rates?
Not always, but practitioners should be prepared to address the point. The guidance requires solicitors to demonstrate that reasonable efforts were made to identify qualified experts willing to work at or near the standard rate. The guidance acknowledges that this may not be realistic in specialist disciplines with a limited pool of qualified experts. Where alternatives are genuinely unavailable, the application should explain that clearly, with supporting reasons rather than bare assertion.
Last reviewed: July 2026
Talk to Expert Court Reports
Expert Court Reports provides expert witnesses for solicitors and barristers handling criminal proceedings in England and Wales, including legally aided cases. Most panel experts accept legal aid instructions. Fee rates, prior authority requirements, and associated costs are discussed at the point of instruction. To arrange an expert or discuss funding, call 01865 587865 or email office@expertcourtreports.co.uk.
