The Magistrates' Courts (Advance Notice of Expert Evidence) Rules (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Rules.)

These Rules provide for mutual disclosure of expert evidence between parties to proceedings for the summary trial of an offence where the person charged with the offence pleads not guilty.

Rule 3(1)(a) requires a party to disclose, in the form of a written statement, any expert evidence which he proposes to adduce in the proceedings as soon as practicable after the plea is taken. Rule 3(1)(b) enables a party to examine the basis of any findings or opinions proposed to be adduced by way of expert evidence by another party. Rule 4 provides for a party to withhold any matter where he has reasonable grounds for suspecting that its disclosure might lead to intimidation or the course of justice being interfered with. In such a case a party is required to give to the other party notice in writing, which must include the grounds on which disclosure is being withheld. By Rule 5 a party who has not complied with Rule 3 in respect of any evidence may not adduce that evidence without the leave of the court.

The Rules, by virtue of Rule 1, come into operation on 1st January 1998 and, by virtue of Rule 2, have effect in relation to proceedings for an offence into which no criminal investigation has begun before that date.