The Criminal Procedure Rules 2020

When this Part applies E+W

19.1.—(1) This Part applies where a party wants to introduce expert opinion evidence.

(2) A reference to an ‘expert’ in this Part is a reference to a person who is required to give or prepare expert evidence for the purpose of criminal proceedings, including evidence required to determine fitness to plead or for the purpose of sentencing.

[F1 (3) Where evidence that is introduced as evidence of fact within a witness’ direct knowledge includes expert opinion the court may direct that the requirements of rules 19.2 (Expert’s duty to the court) and 19.3 (Introduction of expert evidence) apply, to the extent and with such adaptations as the court directs.]

[Note. Expert medical evidence may be required to determine fitness to plead under section 4 of the Criminal Procedure (Insanity) Act 1964(1). It may be required also under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000(2), under Part III of the Mental Health Act 1983(3) or under Part 12 of the Criminal Justice Act 2003(4). Those Acts contain requirements about the qualification of medical experts.]

Textual Amendments

F1 Rule 19.1(3) inserted (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 7(a)

Commencement Information

I1 Rule 19.1 in force at 5.10.2020, see Preamble

(1)

1964 c. 84; section 4 was substituted, together with section 4A, for section 4 as originally enacted, by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and amended by section 22 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).

(2)

2000 c. 6.

(3)

1983 c. 20.

(4)

2003 c. 44.