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Criminal Procedure Rules Part 33: Expert Evidence [DRAFT]
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Reference to expert |
Rule 33.1 |
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Expert’s duty to the court |
Rule 33.2 |
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Form and content of expert’s report |
Rule 33.3 |
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Pre-hearing consideration of expert evidence |
Rule 33.4 |
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Pre-hearing discussion |
Rule 33.5 |
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Failure to comply with directions |
Rule 33.6 |
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Court’s power to direct that evidence isto be given
by a single joint expert |
Rule 33.7 |
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Instructions to a single joint expert |
Rule 33.8 |
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33.1 Reference to expert top
A reference to an ‘expert’ in this Part is a reference to a person who is required to give or prepare evidence for the purpose of criminal proceedings.
33.2 Expert’s duty to the court top
An expert must help the court to achieve the overriding objective by giving objective, unbiased opinion on matters within his expertise.
33.3 Form and content of expert’s report top
(1) An expert’s report must follow the form prescribed by the Practice Direction.
(2) An expert’s report must -
(a) give details of the expert’s qualifications and relevant experience;
(b) give details of any literature or other material which the expert has relied on in making the report;
(c) contain a statement setting out the substance of all facts and instructions given to the expert which are material to the opinions expressed in the report or upon which those opinions are based;
(d) make clear which of the facts stated in the report are within the expert’s own knowledge;
(e) say who carried out any examination, measurement, test or experiment which the expert has used for the report, give the qualifications of that person, and say whether or not the test or experiment has been carried out under the expert’s supervision;
(f) where there is a range of opinion on the matters dealt with in the report:
(i) summarise the range of opinion, and
(ii) give reasons for his own opinion;
(g) contain a summary of the conclusions reached;
(h) if the expert is not able to give his opinion without qualification, state the qualification;
(i) contain a statement that the expert understands his duty to the court, and has complied and will continue to comply with that duty;
(j) contain the same declaration of truth as a witness statement.
(3) This rule does not apply to a summary of an expert’s conclusions served in advance of that expert’s report.
Note. Part 24 contains rules about the disclosure of expert evidence. Part 27 contains rules about witness statements. Declarations of truth in witness statements are required by section 9, Criminal Justice Act 1967 and section 5B, Magistrates’ Courts Act 1980. A party who accepts another party’s expert’s conclusions may admit them as facts under section 10, Criminal Justice Act 1967.
33.4 Pre-hearing consideration of expert evidence top
(1) This rule and rule 33.5 apply where more than one party wishes to introduce expert evidence.
(2) The court may direct those parties to give notice to each other and to the court officer of –
(a) the matters on which the experts agree and disagree; and
(b) where they disagree, the reasons for that disagreement.
33.5 Pre-hearing discussion top
(1) The court may direct the experts to -
(a) discuss the expert issues in the proceedings; and
(b) prepare a statement for the court of the matters on which they agree and disagree, giving their reasons.
(2) Except for that statement the content of that discussion must not be referred to at a hearing unless the parties agree.
33.6 Failure to comply with directions top
A party who wishes to introduce expert evidence and who fails to comply with a direction under rule 33.4 or rule 33.5 may not introduce that evidence without the court’s permission.
Note. At a pre-trial hearing a court may make binding rulings about the admissibility of evidence and about questions of law under section 7, Criminal Justice Act 1987; sections 31 and 40, Criminal Procedure and Investigations Act 1996; and section 45, Courts Act 2003.
33.7 Court’s power to direct that evidence is to be given by a single joint expert top
(1) Where more than one party wishes to introduce expert evidence on an issue, the court may direct that the evidence on that issue is to be given by one expert only.
(2) Where those parties cannot agree who should be the expert, the court may –
(a) select the expert from a list prepared or identified by them; or
(b) direct that the expert be selected in such other manner as the court may direct.
33.8 Instructions to a single joint expert top
(1) Where the court gives a direction under rule 33.7 for a single joint expert to be used, each of those parties may give instructions to the expert.
(2) When a party gives instructions to the expert he must, at the same time, send a copy of the instructions to the other instructing parties.
(3) The court may give directions about –
(a) the payment of the expert’s fees and expenses; and
(b) any inspection, examination or experiments which the expert wishes to carry out.
(4) The court may, before an expert is instructed, limit the amount that can be paid by way of fees and expenses to the expert.
(5) Unless the court otherwise directs, the instructing parties are jointly and severally liable for the payment of the expert’s fees and expenses.
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