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).