5. We consider that, despite the fact that this can be a sensitive task, the work of court appointees under section 38 or section 4A is in reality no different to that undertaken by lawyers acting for a defendant under legal aid. Therefore we propose capping such costs at legal aid rates, as we have already done in relation to Defendants’ Costs Orders. There is no reason to pay a premium for this work just because payment is made from central funds rather than the legal aid budget. The work involved and time required to prepare is little different from many legal aid cases.