Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/705 |
1997 No. 705 (L. 11)
MAGISTRATES' COURTSPROCEDURE
The Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997
Made 10th March 1997
Laid before Parliament 11th March 1997
Coming into force 1st April 1997
The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 19801and section 20(3) and (4) of the Criminal Procedure and Investigations Act 19962, and after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:
1. These Rules may be cited as the Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997 and shall come into force on 1st April 1997.
2. These Rules shall not have effect in relation to any proceedings which relate to an alleged offence into which a criminal investigation has begun before 1st April 1997.
3.—(1) Where a magistrates' court proceeds to summary trial in respect of an alleged offence and the person charged with that offence pleads not guilty in respect of it, 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 after the person charged has so pleaded, unless in relation to the evidence in question he has already done so—
(a)
(a) 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
(b)
(b) 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.
(2) A party may by notice in writing waive his right to be furnished with any of the matters mentioned in paragraph (1) above and, in particular, may agree that the statement mentioned in sub-paragraph (a) thereof may be furnished to him orally and not in writing.
(3) In paragraph (1) above, “document” means anything...
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