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6. Seamen.
Where seamen have been detained on shore for the purpose of giving evidence in a criminal prosecution, the amount actually and reasonably incurred for their maintenance during their detention may be allowed in addition to any allowances made under the foregoing rule.
7. General Regulation.
No full day allowance under Regulations 1, 3 and 5 shall be paid unless the witness is necessarily detained away from his home, or place of business or employment, for at least four hours for the purpose of giving evidence.
If the time during which the witness is necessarily detained away from his home, or place of business or employment, be less than four hours, he shall receive not more than one-half of the allowance which he would have received had he been detained for the full day :
Provided that this Regulation shall not apply (1) where the full day allowance is not more than 1s.; and (2) where the Court is satisfied that a witness, though absent for less than four hours, necessarily loses, in consequence of his attendance, his whole day's wages.
No night allowance under Regulations 3, 4, and 5 shall be paid unless the witness, in order to give evidence, is necessarily detained away from home for the night.
There may be allowed to any prosecutor or other person who, in the opinion of the Court, necessarily attends for the purpose of the prosecution otherwise than as a witness, the same allowance, including travelling allowance as to an ordinary witness.
8. Travelling Allowances.
For attending Court from a distance of over two miles there may be allowed :— (1) To witnesses travelling by railway or other public conveyance, the fare actually paid. Railway fares, except for special reasons allowed by the Court, shall be 3rd class; and if return tickets are available, only return rates shall be allowed. In the case of police witnesses, the reduced rates under the Cheap Trains Act, 1883, shall not be exceeded, except where the single fare is less than 1s., or for special reasons allowed by the Court.
(2) Where no railway or other public conveyance is available, and one or more witnesses necessarily travel by a hired vehicle, the sum actually paid for the hire of such vehicle, not exceeding Is. 6d. a mile each way: provided that, where two or more witnesses attend from the same place, the total allowance shall not exceed 1s. 6d. a mile each way, unless the Court is satisfied that it was reasonably necessary to hire more than one vehicle.
(3) To each witness travelling on foot or by a private conveyance, where no railway or other public conveyance is available, a sum not to exceed 3d. a mile each way.
Allowances made under (2) and (3) shall be made separately as mileage. For the conveyance of witnesses suffering from serious illness, or for the carriage of heavy exhibits, sums in excess of the above rates may be allowed if the Court is satisfied that the expense incurred was reasonably necessary.
Warders in charge of prisoners produced to give evidence may be allowed the cost of travelling by such means of conveyance as the Governor of the Prison may have directed,
[125] (B 3/858) Wt. 25100-G139 2000 2/25 H & S Ltd. Gp.3 (609)
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