Part 11Evidence

Chapter 2Hearsay evidence

Miscellaneous

I1127Expert evidence: preparatory work.

1

This section applies if—

a

a statement has been prepared for the purposes of criminal proceedings,

b

the person who prepared the statement had or may reasonably be supposed to have had personal knowledge of the matters stated,

c

notice is given under the appropriate rules that another person (the expert) will in evidence given in the proceedings orally or under section 9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on the statement, and

d

the notice gives the name of the person who prepared the statement and the nature of the matters stated.

2

In evidence given in the proceedings the expert may base an opinion or inference on the statement.

3

If evidence based on the statement is given under subsection (2) the statement is to be treated as evidence of what it states.

4

This section does not apply if the court, on an application by a party to the proceedings, orders that it is not in the interests of justice that it should apply.

5

The matters to be considered by the court in deciding whether to make an order under subsection (4) include—

a

the expense of calling as a witness the person who prepared the statement;

b

whether relevant evidence could be given by that person which could not be given by the expert;

c

whether that person can reasonably be expected to remember the matters stated well enough to give oral evidence of them.

6

Subsections (1) to (5) apply to a statement prepared for the purposes of a criminal investigation as they apply to a statement prepared for the purposes of criminal proceedings, and in such a case references to the proceedings are to criminal proceedings arising from the investigation.

7

The appropriate rules are F1Criminal Procedure Rules made by virtue of

a

F2. . . section 81 of the Police and Criminal Evidence Act 1984 (advance notice of expert evidence in Crown Court), or

b

F3. . . section 20(3) of the Criminal Procedure and Investigations Act 1996 (c. 25) (advance notice of expert evidence in magistrates' courts).