PART 19EXPERT EVIDENCE

When this Part appliesI119.1

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.

F13

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 1964425. It may be required also under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000426, under Part III of the Mental Health Act 1983427 or under Part 12 of the Criminal Justice Act 2003428. Those Acts contain requirements about the qualification of medical experts.]