Chwilio Deddfwriaeth

Criminal Justice Act 2003

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 127

 Help about opening options

Alternative versions:

Status:

Point in time view as at 25/01/2018.

Changes to legislation:

Criminal Justice Act 2003, Section 127 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

127Expert evidence: preparatory work.E+W
This adran has no associated Nodiadau Esboniadol

(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).

Textual Amendments

Commencement Information

I1S. 127 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?