Criminal Procedure
(Notice of Expert Evidence) Rules 2000
1 Interpretation
In these Rules –
“document” includes, in addition to a document in
writing –
(a) a
map, plan, graph or drawing; and
(b) a
photograph;
“recording device” means –
(a) a
disc, tape, sound track or other device, in which sounds other than data in the
form of visual images are embodied so as to be capable (with or without the aid
of other equipment) of being reproduced from it; or
(b) a
disc, film, microfilm, negative, tape or other device, in which one or more
visual images are embodied so as to be capable (with or without the aid of
other equipment) of being reproduced from it.
2 Application
These Rules apply only in criminal proceedings before the Royal
Court in which a person is –
(a) committed for trial or
sentence; or
(b) summoned by the
Attorney General,
after these Rules come into force.
3 Notice of expert evidence in Royal Court
(1) A party to criminal
proceedings who wishes to adduce expert evidence shall give each other party,
as soon as practicable, a statement in writing of any finding or opinion that the
party proposes to adduce by way of such evidence.
(2) If the party is
requested in writing by any other party to do so, the party shall also give
that party a copy or (where appropriate) a sample of –
(a) the
record of any observation, task, calculation or other procedure on which the
finding or opinion is based; or
(b) any
document, recording device, substance or other thing in respect of which such a
procedure has been carried out.
(3) However, if it appears
to the party that it is more practicable to do so, the party may instead give
the other party a reasonable opportunity to examine the record or thing to
which the request relates.
4 Exception in cases of intimidation
(1) A party is not required
to comply with Rule 3 in relation to expert evidence if the party has
reasonable grounds for believing that the disclosure of that evidence might
lead to –
(a) the
intimidation or attempted intimidation of any person on whose evidence the
party intends to rely in the proceedings; or
(b) interference
with the course of justice in any other way.
(2) In that event the party
shall inform each other party, in writing, of the grounds on which disclosure
is being withheld.
5 Waiver
A party may in writing waive the party’s right under Rule 3(1)
to receive a statement, or to receive it in writing.
6 Restriction on adducing expert evidence without notice
A party who is required to comply with Rule 3 in respect of expert
evidence but fails to do so shall not adduce that evidence without the leave of
the Court.
7 Citation
These Rules may be cited as the Criminal Procedure (Notice of Expert
Evidence) Rules 2000.