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Criminal Justice Act 1988

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Part IIIE+W Other Provisions about Evidence in Criminal Proceedings

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

30 Expert reports.E+W

(1)An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.

(2)If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.

(3)For the purpose of determining whether to give leave the court shall have regard—

(a)to the contents of the report;

(b)to the reasons why it is proposed that the person making the report shall not give oral evidence;

(c)to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(d)to any other circumstances that appear to the court to be relevant.

(4)An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.

F2[F3(4A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)In this section “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.

Textual Amendments

F2S. 30(4A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(6), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

F3S. 30(4A) inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para.32 (with s. 78(1)); S.I. 1997/683, art. 1(2)

31 Form of evidence and glossaries.E+W

For the purpose of helping members of juries to understand complicated issues of fact or technical terms [F4Criminal Procedure Rules] may make provision—

(a)as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and

(b)as to the furnishing of glossaries for such purposes as may be specified;

in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.

[F532 Evidence through television links.E+W

(1) A person other than the accused may give evidence through a live television link [F6in proceedings to which subsection (1A) below applies] if—

(a)the witness is outside the United Kingdom; F7. . .

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but evidence may not be so given without the leave of the court.

[F9(1A)This subsection applies—

(a)to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under [F10section 9 of the Criminal Appeal Act 1995]; and

(b)to proceedings in youth courts [F11, appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising].

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the M1Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

F12(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(4)Without prejudice to the generality of any enactment conferring power to make [F13Criminal Procedure Rules], such rules may make such provision as appears to the [F14Criminal Procedure Rule Committee] to be necessary or expedient for the purposes of this section.

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F5S. 32 omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 10(1) (with ss. 88-90, Sch. 23 para. 10(2)(3))

F7S. 32(1)(b) and word preceding it repealed (24.7.2002 for specified purposes and otherwise 6.12.2006) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii)); S.I. 2006/2885, art. 2(b)(vii)(aa)

F8S. 32(1)(b) and word preceding it repealed (24.7.2002 for certain specified purposes otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii)

F10Words in s. 32(1A)(a) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 , para. 16(2)(a); S.I. 1997/402, art. 3

F11Words in s. 32(1A)(b) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(2)(b); S.I. 1997/402, art. 3

F12S. 32(2)(3A)-(3E)(6) repealed (24.7.2002 for specified purposes and otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii))

Modifications etc. (not altering text)

C1S. 32(1)(1)(b)(2)(a)-(c)(3) applied (with modifications) (8.3.1993) by S.I. 1993/244, art. 2

C2S. 32(1)(3) applied (with modifications) (31.10.2009) by The Court Martial Appeal Court (Evidence) Order (S.I. 2009/2569), {art. 3}

Commencement Information

I1S. 32 partly in force; s. 32 not in force at Royal Assent see s. 171; s. 32 except subsections (1)(a)(3) in force at 5.1.1989 by 1988/2073, art. 2, Sch.; s. 32(1)(a)(3) in force for certain purposes at 1.9.2004 by S.I. 2004/2167, art. 2 (subject to art. 3)

Marginal Citations

32A Video recordings of testimony from child witnesses.E+W

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16S. 32A repealed (24.7.2002 for certain specified purposes and 6.12.2006 otherwise) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii); S.I. 2006/2885, art. 2(b)(vii)(bb)

F1733 Evidence of persons under 14 in committal proceedings.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17S. 33 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)

F1833A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

34 Abolition of requirement of corroboration for unsworn evidence of children.E+W

F19(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogated F20. . ..

(3)Unsworn evidence admitted by virtue of [F21 section 56 of the Youth Justice and Criminal Evidence Act 1999] may corroborate evidence (sworn or unsworn) given by any other person.

Textual Amendments

F20Words in s. 34(2) repealed (4.9.1995) by 1994 c. 33, ss. 32(2), 168(3), Sch. 11; S.I. 1995/1957, art. 6

Modifications etc. (not altering text)

C5S. 34(2) explained (1.10.1996 subject to savings in art. 3 of the commencing S.I.) by 1996 c. 46, s. 6(1)(2); S.I. 1996/2474, arts. 2, 3(1)

F2234A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

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