The Crown Court (Advance Notice of Expert Evidence) (Amendment) Rules 1997

3.—(1) The Crown Court (Advance Notice of Expert Evidence) Rules 1987(1) shall be amended in accordance with paragraphs (2) and (3) below.

(2) For rule 3(1) there shall be substituted the following paragraph:

“(1) Following—

(a) the committal for trial of any person;

(b) the transfer to the Crown Court of any proceedings for the trial of a person by virtue of a notice of transfer given under section 4 of the Criminal Justice Act 1987(2);

(c) the transfer to the Crown Court of any proceedings for the trial of a person by virtue of a notice of transfer served on a magistrates' court under section 53 of the Criminal Justice Act 1991(3);

(d) the preferment of a bill of indictment charging a person with an offence under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933(4); or

(e) the making of an order for the retrial of any person,

if any party to the proceedings proposes to adduce expert evidence (whether of fact or opinion) in the proceedings (otherwise than in relation to sentence) he shall as soon as practicable, unless in relation to the evidence in question he has already done so—

(i) furnish the other party or parties with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and

(ii) where a request in writing is made to him in that behalf by any other party, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.”.

(3) In rule 3(3), for “has the same meaning as in Part I of the Civil Evidence Act 1968” there shall be substituted “means anything in which information of any description is recorded”.

(1)

S.I. 1987/716.

(2)

1987 c. 38.

(3)

1991 c. 53.

(4)

1933 c. 36.