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

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Crown Court (Advance Notice of Expert Evidence) Rules 1987 (“the 1987 Rules”) with effect from 1st April 1997 in relation to proceedings for offences into which no criminal investigation has begun before that date.

Rule 3(2) amends rule 3(1) of the 1987 Rules by inserting references to—

(a) the transfer of proceedings for trial to the Crown Court under section 4 of the Criminal Justice Act 1987 (serious or complex fraud) or section 53 of the Criminal Justice Act 1991 (certain cases involving children); and

(b) the preferment of a bill of indictment under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge).

The provisions of the 1987 Rules concerning mutual disclosure of expert evidence between the parties to criminal proceedings in the Crown Court following committal or an order for retrial are thereby extended to apply also to such proceedings following a notice of transfer or the preferment of a bill of indictment.

Paragraph (3) of rule 3 makes a minor amendment in rule 3(3) of the 1987 Rules to replace the definition of “document”.